PATRICIA DEJEREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PATRICIA DEJEREZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
580 So. 2d 656
Florida District Court of Appeal, Fourth District (1991)
Caution
Cited by 36 cases
Opinion of the Court
PER CURIAM.
We reverse and remand for a new trial on the authority of Wilhelm v. State, 568 So. 2d 1 (Fla.1990) and Brooks v. State, 577 So. 2d 680 (Fla. 4th DCA 1991). We agree with appellant that driving under the influence and driving with an unlawful blood alcohol constitute alternative bases of the same statutory offense, and appellant can only be adjudicated for one offense. See Parrish v. State, 561 So. 2d 685 (Fla. 4th DCA 1990).
We find no error in the trial court’s evidentiary rulings and our reversal renders moot the issues raised concerning sentencing.
ANSTEAD, WARNER and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (15 total)
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Betancourt v. Sears Roebuck & Co. & Kemper Ins. Co., 693 So. 2d 680 (Fla. 1st DCA 1997)…of Fla., 606 So. 2d 410, 413 (Fla. 1st DCA 1992) (if claimant could physically resume former duties and there is no negative change in employment status due to the compensable accident, claimant is not entitled to benefits); Burger King v. Nicholas, 580 So. 2d 656, 658 (Fla. 1st DCA 1991) (claimant who injured arm, but who was released to work without restrictions and then fired two weeks later for chronic tardiness, failed to show change in employment status was due to injury). Claimant correctly points out…
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Litvin v. ST. Lucie Cnty. Sheriff's Dep't & Crawford & Co., 599 So. 2d 1353 (Fla. 1st DCA 1992)…responsibility. See e.g., Morris v. Metal Industries, 491 So. 2d 312 (Fla. 1st DCA 1986). Although the circumstances still must demonstrate the necessary causal connection between the claimant’s injury and the wage loss, see Burger King v. Nicholas, 580 So. 2d 656 (Fla. 1st DCA 1991), the judge found such causation in awarding benefits for wage loss when the claimant eventually performed an adequate job search after November 6, 1990. The absence of an adequate job search during earlier periods does not preclu…
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Wyeth/Pharma Field Sales & Gallagher Bassett v. Toscano, 40 So. 3d 795 (Fla. 1st DCA 2010)…causal relationship between injury and wage loss, a claimant can show that her capabilities preclude adequate performance of her prior job); accord Thompson v. City of Jacksonville, 654 So. 2d 1178, 1180 (Fla. 1st DCA 1995); Burger King v. Nicholas, 580 So. 2d 656, 658 (Fla. 1st DCA 1991); and Superior Pontiac v. Hearn, 458 So. 2d 1197, 1199 (Fla. 1st DCA 1984). “A prima facie case of lost earning capacity must include a showing of a causal connection between the loss of employment at pre-accident wages and t…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brooks v. State, 577 So. 2d 680 (Fla. 4th DCA 1991)
- Wilhelm v. State, 568 So. 2d 1 (Fla. 1990)
- Parrish v. State, 561 So. 2d 685 (Fla. 4th DCA 1990)
- State v. Moran, 561 So. 2d 685 (Fla. 4th DCA 1990)