RONALD BEASLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
RONALD BEASLEY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
555 So. 2d 382
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Defendant appeals his convictions for sexual battery, kidnapping, burglary, and robbery. We conclude that the evidence of other similar acts was properly admitted. § 90.404(2)(a), Fla.Stat.(1987); Bryan v. State, 533 So. 2d 744 (Fla.1988), cert. denied, — U.S. -, 109 S.Ct. 1765, 104 L.Ed.2d 200 (1989); Williams v. State, 110 So. 2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). No reversible error is shown in defendant’s second point on appeal.
Affirmed.
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Schindler Corp. v. Timm Ross, 625 So. 2d 94 (Fla. 3d DCA 1993)…o. v. Hughes Supply, Inc., 358 So. 2d 1339 (Fla.1978); Pratt v. Freese’s, Inc., 438 A. 2d 901 (Me.1981). Other decisions have likewise determined that, unlike, for example, falling elevator cab cases, e.g., Wolpert v. Washington Square Office Ctr., 555 So. 2d 382 (Fla.3d DCA 1989), or those in which an elevator door has suddenly closed on the passenger, e.g., Burns v. Otis Elevator Co., 550 So. 2d 21 (Fla.3d DCA 1989), res ipsa does not apply to a mislevel-ing case. Hafferman v. Westinghouse Elec. Corp., 653…
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Wal-Mart Stores, Inc. v. Rogers, 714 So. 2d 577 (Fla. 1st DCA 1998)…ial court permitted the jury to find that Wal-Mart was negligent even if it did not believe that Mrs. Rogers had proven [*579] her case by direct evidence, thereby greatly reducing Mrs. Rogers’ burden. See Wolpert v. Washington Square Office Center, 555 So. 2d 382 (Fla. 3d DCA 1989) (res ipsa loqui-tur eliminates the plaintiffs burden in a tort case to prove the defendant’s negligence by direct evidence). Therefore, the error cannot be said to have been harmless. Because the trial court erroneously instructe…
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Butcher v. Miami Elevator Co., Inc., 568 So. 2d 61 (Fla. 3d DCA 1990)…vandalism had been excluded, we cannot agree that admission of the hearsay statements was harmless. See Parkansky v. Old Key Largo, Inc., 546 So. 2d 1143 (Fla. 3d DCA 1989). Reversed and remanded. . See Wolpert v. Washington Square Office Center, 555 So. 2d 382 (Fla. 3d DCA 1989) (as an evidentiary tool, res ipsa relieves a tort plaintiff in limited circumstances of the burden to prove the defendant's negligence by direct evidence).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Williams v. Florida, 361 U.S. 847 (U.S. 1959)
- White v. Illinois, 361 U.S. 847 (U.S. 1959)
- Bryan v. State, 533 So. 2d 744 (Fla. 1988)