STATE OF FLORIDA, PETITIONER,
v.
GAIL ANNE ROBERTS, RESPONDENT

Fla. 2d DCA | 1991-02-13
No. 90-03519
RYDER, A.C.J., and THREADGILL and PARKER, JJ., concur.
576 So. 2d 340 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court departed from the essential requirements of the law in granting the defendant’s motion to compel disclosure of the names of other individuals arrested on criminal charges unrelated to this case through the state’s use of the same confidential informant employed in arresting this defendant. After reviewing the defendant’s motion to compel and the transcript of the hearing on the motion, we conclude that the defendant failed to allege sufficient facts to meet even a threshold showing that the disclosure of the names of these individuals is necessary to prove her defense of entrapment.

Accordingly, we grant the petition for writ of certiorari and issue the writ to the trial court with directions on remand to vacate the order compelling disclosure and for further proceedings consistent with this opinion.

RYDER, A.C.J., and THREADGILL and PARKER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Shands Teaching Hosp. & Clinic, Inc. v. Juliana, 863 So. 2d 343 (Fla. 1st DCA 2003)
    …lity that CVP could be found to be an independent contractor (and the perfusionist its employee, not Shands’s) does not alter the fact that Shands breached the contractual undertaking it made to the Julianas. See Atchley v. First Union Bank of Fla., 576 So. 2d 340, 344 (Fla. 5th DCA 1991) (reversing summary judgment in bank’s favor on grounds that the bank could be liable for a roofer’s negligence, despite the general rule that an employer is not liable for the negligence of an independent contractor, where t…
  • Monroe Sys. FOR Bus., Inc. v. Intertrans Corp., 650 So. 2d 72 (Fla. 3d DCA 1994)
    …Fla.1987). “[Although the duty to perform may be delegated to an independent contractor, the liability for misfeasance cannot be avoided by the person who obligated himself originally to perform the contract.” Atchley v. First Union Bank of Florida, 576 So. 2d 340, 343 (Fla. 5th DCA 1991). Intertrans’s duty as bailee may not be erased by housing the goods at another warehouse. Intertrans was required under the agreement to warehouse Monroe’s goods; the independent contractor defense does not avoid Intertrans’…
  • Gilmore v. Hernando Cnty., 584 So. 2d 27 (Fla. 5th DCA 1991)
    …ues should only have been resolved by the trial court after a full hearing. Summary judgment was improper in this case. Lan-ders v. Milton, 370 So. 2d 368 (Fla.1979); Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Atchley v. First Union Bank of Florida, 576 So. 2d 340 (Fla. 5th DCA 1991); American Crime Prevention Corp. v. Computerized Monitoring Service, Inc., 539 So. 2d 1175 (Fla. 5th DCA 1989). The issue of consistency was adequately raised by appellants’ extensive pleadings filed in the circuit court, togeth…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw