EDWARD M. GENOVESE, M.D., AND EDWARD M. GENOVESE, M.D., P.A., PETITIONERS,
v.
JV DIAGNOSTICS, INC., NOW KNOWN AS JOHN E. VINSANT, JR., M.D., & ASSOCIATES, P.A., AND JOHN E. VINSANT, M.D., RESPONDENTS
EDWARD M. GENOVESE, M.D., AND EDWARD M. GENOVESE, M.D., P.A., PETITIONERS,
JV DIAGNOSTICS, INC., NOW KNOWN AS JOHN E. VINSANT, JR., M.D., & ASSOCIATES, P.A., AND JOHN E. VINSANT, M.D., RESPONDENTS
556 So. 2d 1231
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The respondents having confessed error, the petition for writ of certiorari is granted without further discussion. See Edgar v. Economic Opportunity Legal Services Program, Inc., 230 So. 2d 487 (Fla. 3d DCA 1970); Zuckerman v. Professional Writers of Florida, Inc., 398 So. 2d 870 (Fla. 4th DCA 1981).
The petitioners’ motion for attorney’s fees on appeal is denied. The respondents did not instigate or facilitate the actions of the trial court and have confessed error on appeal. It would, therefore, be inappropriate to saddle the respondents with attorney’s fees on appeal.
PETITION GRANTED.
LETTS, WALDEN and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Elwell v. State, 954 So. 2d 104 (Fla. 2d DCA 2007)…gs Under Section 90.803(23) This court has held that a defendant must object to the sufficiency of the trial court’s findings regarding the admissibility of child-hearsay statements in order to raise the legal error on appeal. See Poukner v. State, 556 So. 2d 1231, 1232 (Fla. 2d DCA 1990) (“Poukner contends that the trial court erred in admitting the hearsay statements of the child victims because [it] failed to make the specific findings required in section 90.803(23), Florida Statutes (1985). This issue was…1 / 2
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Jones v. State, 610 So. 2d 105 (Fla. 3d DCA 1992)…CA1989); see also Myles v. State, 582 So. 2d 71, 72-73 (Fla. 3d DCA1991), quashed on other grounds, 602 So. 2d 1278 (Fla.1992); Sanders v. State, 568 So. 2d 1014, 1014-15 (Fla. 3d DCA1990), review denied, 581 So. 2d 166 (Fla.1991); Poukner v. State, 556 So. 2d 1231, 1232 (Fla. 2d DCA1990); Freeman v. State, 545 So. 2d 915, 916-17 (Fla. 2d DCA), review denied, 548 So. 2d 662 (Fla.1989). We therefore need not reach the merits of the claim that the findings should have been made with greater particularity. Third…
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Prescott v. State, 594 So. 2d 867 (Fla. 4th DCA 1992)…o support the jury’s verdict of guilty of sexual battery. We also find no error by the trial court in concluding, after a specific hearing on the matter, that certain out of court statements by the child victim were admissible. See Poukner v. State, 556 So. 2d 1231 (Fla. 2d DCA 1990). GLICKSTEIN, C.J., and ANSTEAD and LETTS, JJ., concur.…
Authorities Cited
- Zuckerman v. Prof'l Writers OF Fla., Inc., 398 So. 2d 870 (Fla. 4th DCA 1981)
- Edgar v. Econ. Opportunity Legal Servs. Program, Inc., 230 So. 2d 487 (Fla. 3d DCA 1970)