GARZON

v.

STATE

Citator

Cited By (11 total)

• Abbott v. State, 958 So. 2d 1140 (Fla. 4th DCA 2007)
  …rror occurred in such cases requires that the “instructions be examined in the context of the other jury instructions, the attorneys’ arguments, and the evidence in the case.” Garzon v. State, 939 So. 2d 278, 283 (Fla. 4th DCA 2006), review granted, 956 So. 2d 455 (Fla.2007). Here, the uncharged crimes were never at issue during Abbott’s trial, and the State never argued or presented evidence that Abbott committed those acts. In San Martin v. State, 717 So. 2d 462 (Fla.1998), the Florida Supreme Court stated…
• Salas v. State, 972 So. 2d 941 (Fla. 5th DCA 2007)
  …d/or” where co-defendant was acquitted by jury on all charges so that jury could not have been misled into believing defendant was guilty based on conduct of his co-defendant). Garzon v. State, 939 So. 2d 278, 279 (Fla. 4th DCA 2006), rev. granted, 956 So. 2d 455 (Fla.2007), referenced by the State, found an absence of fundamental error in part because “the principals’ instruction placed the substantive crime instruction in the proper context.” In Garzón, Coles, Balthazar and Garzón were charged with and tri…
• Emerald Pointe Prop. Owners' Ass'n, Inc. v. Commercial Constr. Indus., Inc., 978 So. 2d 873 (Fla. 4th DCA 2008)
  …Legally Sufficient to Support the Award of Damages? A trial court’s award of damages must be affirmed if it is supported by competent substantial evidence. Alterra Healthcare Corp. v. Bryant, 937 So. 2d 263, 266 (Fla. 4th DCA 2006), review denied, 956 So. 2d 455 (Fla.2007). “ ‘[T]he measure of damages for breach of a partially performed construction contract is, ‘either quantum meruit or the contractor’s lost profit together with the reasonable costs of labor and materials incurred in good faith in the cour…