WILLIAM BERRY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILLIAM BERRY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
561 So. 2d 330
Florida District Court of Appeal, Third District (1990)
Negative Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
Where a defendant was in a position of familial authority and by virtue of that authority a special trust existed which he breached, a valid reason for a guideline departure sentence existed. Gopaul v. State, 536 So. 2d 296 (Fla. 3d DCA 1988). In our view the same rule applies notwithstanding that the rape victim is the defendant’s emancipated teen-aged daughter. It was the familial relationship which brought the girl, along with her infant child, back to her father’s home for a visit where she was forced to submit to her father’s advances under the threat of violence.
Affirmed.
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Williams v. City OF Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991)…(Emphasis supplied). In determining whether the element of outrage may be established, an appellate court must look at the evidence in the light most favorable to the alleged sufferer of emotional distress. Mallock v. Southern Memorial Park, Inc., 561 So. 2d 330 (Fla. 3d DCA 1990); Dependable Life Insurance Company, 510 So. 2d at 986. Whether the conduct is outrageous enough to rise to the level required by the tort may be decided as a question of law when the facts of a case can under no conceivable interp…
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In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence, 35 So. 3d 666 (Fla. 2010)…shoplifting; citing McCarson and the Restatement (2d) of Torts, the court found “no evidence in the record suggesting that the conduct of ei [*761] ther employee even approached the limits of this privilege.” See also Mallock v. S. Mem’l Park, Inc., 561 So. 2d 330 (Fla. 3d DCA 1990). Pending further development of Florida law, the committee has not submitted a standard instruction concerning any defense. 2. For damage instructions go to instruction 501.1 et seq. 411 CIVIL THEFT 411.1 Introduction 411.2 S…
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Rivers v. Dillards Dep't Store, Inc., 698 So. 2d 1328 (Fla. 1st DCA 1997)…vil Cases, MI 10, page 1. In determining whether the element of “outrageous conduct” has been established, we must look at the evidence in the light most favorable to the alleged sufferer of emotional distress. Mattock v. Southern Mem’l Park, Inc., 561 So. 2d 330 (Fla. 3d DCA 1990). Although Florida courts have recognized that the issue of “outrageousness” may be “a legal question in the first instance for the court to decide as a matter of law,” Baker v. Florida Nat’l Bank, 559 So. 2d 284, 287 (Fla. 4th DCA…
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- Suresh Bobby Gopaul v. State, 536 So. 2d 296 (Fla. 3d DCA 1988)
- Tomlinson v. Tomlinson, 536 So. 2d 296 (Fla. 1st DCA 1988)