LEVY

v.

FLORIDA POWER & LIGHT CO.

Citator

Cited By (12 total)

• Barron v. State, 990 So. 2d 1098 (Fla. 3d DCA 2007)
  …a. 5th DCA 2004)(“Whatever the United States Supreme Court eventually decides ‘testimonial’ evidence consists of, it does not appear to include the spontaneous statements made by [the victim] to her mother while being dressed .... ”), review denied, 902 So. 2d 790 (Fla.2005); Lopez v. State, 888 So. 2d 693, 699 (Fla. 1st DCA 2004)(“Many courts have concluded that a hearsay statement made in a 911 call is not testimonial, because the statement is not made in response to police questioning, and because the purp…
• Eaton v. State, 908 So. 2d 1164 (Fla. 1st DCA 2005)
  …ial court commits fundamental error when it instructs the jury on an alternative theory not charged in the information. Vega v. State, 900 So. 2d 572, 573 (Fla. 2d DCA 2004); Mitchell v. State, 888 So. 2d 665, 667 (Fla. 1st DCA 2004), review denied, 902 So. 2d 790 (Fla.2005); Hodges v. State, 878 So. 2d 401, 402 (Fla. 4th DCA), review denied, 890 So. 2d 1114 (Fla.2004); Griffis v. State, 848 So. 2d 422, 427 (Fla. 1st DCA 2003); Dixon v. State, 823 So. 2d 792, 794 (Fla. 2d DCA 2001); Braggs v. State, 789 So. 2…
• Biglen v. Fla. Power & Light Co., 910 So. 2d 405 (Fla. 4th DCA 2005)
  …ts in a negligence case involves the public policy decision that a “defendant should bear a given loss, as opposed to distributing the loss among the general public.” Levy v. Fla. Power & Light Co., 798 So. 2d 778, 780 (Fla. 4th DCA 2001), rev. den. 902 So. 2d 790 (Fla.2005). A legal “[d]uty is an allocation of risk determined by balancing the foreseeability of harm, in light of all the circumstances, against the burden to be imposed.” Id. (quoting Vaughan v. Eastern Edison Co., 48 Mass.App.Ct. 225, 719 N.E.…