STATE

v.

POWELL

Citator

Cited By

• Covelli Fam., L.P. v. ABG5, L.L.C., 977 So. 2d 749 (Fla. 4th DCA 2008)
  …disturbed unless the appellant can demonstrate that they are clearly erroneous.’ ” Taylor v. Richards, 971 So. 2d 127, 129 (Fla. 4th DCA) (quoting Universal Beverages Holdings, Inc. v. Merkin, 902 So. 2d 288, 290 (Fla. 3d DCA 2005)), review denied, 973 So. 2d 1123 (Fla.2007). The issue of whether an alleged breach is vital or material is reviewed as a question of fact. Moore v. Chodorow, 925 So. 2d 457, 461 (Fla. 4th DCA 2006); Beefy Trail, Inc. v. Beefy King Int’l, Inc., 267 So. 2d 853, 858 (Fla. 4th DCA 197…
• State v. Modeste, 987 So. 2d 787 (Fla. 5th DCA 2008)
  …4 Cal.Rptr.2d 421, 861 P. 2d 1107, 1118-119 (1993). We recognize that our conclusion on this issue may be in conflict with the Second District Court of Appeal’s decision in Powell v. State, 969 So. 2d 1060 (Fla. 2d DCA 2007), jurisdiction accepted, 973 So. 2d 1123 (Fla.2008). However, our decision is consistent with Judge Canady’s conclusion in M.A.B. that the reference to access to counsel before questioning cannot reasonably be understood to imply that access to counsel would be terminated once questioning…
• Williams v. State, 976 So. 2d 1197 (Fla. 2d DCA 2008)
  …lic importance. Id. Shortly thereafter, the same issue regarding the sufficiency of the standard Tampa Police Department Miranda warnings was addressed by a panel of this court in Powell v. State, 969 So. 2d 1060 (Fla. 2d DCA 2007), review granted, 973 So. 2d 1123 (Fla.2008). In Powell, the majority held that the Tampa Police Department’s standard Miranda warnings were insufficient to comply with the requirements of Miranda. 969 So. 2d at 1063. This decision in Powell constitutes binding precedent in this dis…