THE STATE OF FLORIDA, PETITIONER,
v.
RUTH KULESZ, RESPONDENT
THE STATE OF FLORIDA, PETITIONER,
RUTH KULESZ, RESPONDENT
557 So. 2d 107
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The petition for writ of certiorari is granted upon the authority of State v. Cecil, 533 So. 2d 884 (Fla. 3d DCA 1988) and State v. Mesa, 395 So. 2d 242 (Fla. 3d DCA 1981). Under the circumstances of the case, the exclusion of the officers as witnesses was tantamount to a dismissal.
Accordingly, certiorari is granted, the order under review is quashed, and the cause remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mitrani v. Druckman, 576 So. 2d 406 (Fla. 3d DCA 1991)…tion, once a negligent act occurs, the actor will be liable for injury flowing therefrom, unless “an act unforeseeable to him and independent of his negligence intervenes to cause the loss.” State Farm Ins. Co. v. Nu Prime Roll-A-Way of Miami, Inc., 557 So. 2d 107, 109 (Fla. 3d DCA 1990). In the present case, the alleged negligence had created an impasse still existing three- weeks prior to closing. The record is not clear as to why the problem was not timely resolved by successor counsel; whether it could h…
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Fisel v. Wynns, 650 So. 2d 46 (Fla. 5th DCA 1994)…c., 354 So. 2d 54 (Fla.1977); Schwartz v. American Home Assurance Co., 360 So. 2d 383 (Fla.1978). See also the cases relied on by Fisel: Homan v. County of Dade, 248 So. 2d 235 (Fla. 3d DCA 1971); State Farm Ins. Co. v. Nu Prime Roll A Way of Miami, 557 So. 2d 107 (Fla. 3d DCA 1990). There is simply no reason in this case, under the current status of the law, to infer that the injuries were caused by the negligence of a trespasser which can be imputed to the Wynns.…
Authorities Cited
- State v. Mesa, 395 So. 2d 242 (Fla. 3d DCA 1981)
- State v. Cecil, 533 So. 2d 884 (Fla. 3d DCA 1988)