CHERYL ANN DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1991-11-19
No. 90-2622
Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.
589 So. 2d 441 Florida District Court of Appeal, Third District (1991) Caution
Cited by 19 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Jefferson v. State, 128 So. 2d 132, 135 (Fla.1961); Rodriguez v. State, 559 So. 2d 392, 393 (Fla. 3d DCA 1990); Soberon v. State, 545 So. 2d 490, 491 (Fla. 3d DCA 1989); Pressley v. State, 395 So. 2d 1175, 1177 (Fla. 3d DCA), review denied, 407 So. 2d 1105 (Fla.1981); Holland v. State, 359 So. 2d 28, 29 (Fla. 3d DCA 1978), cert. denied, 367 So. 2d 1124 (Fla.1979).


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  • Florida Windstorm Underwriting v. Anil Gajwani, 934 So. 2d 501 (Fla. 3d DCA 2005)
    …rain exclusion violates public policy requires additional analysis. The court should not strike down a contract, or a portion of a contract, on the basis of public policy grounds except in very limited circumstances. As stated in Banfield v. Louis, 589 So. 2d 441 (Fla. 4th DCA 1991): When a particular contract, transaction, or course of dealing is not prohibited under any constitutional provision, statutory provision, or prior judicial decision, it should not be struck down on public policy grounds unless i…
  • City OF Miami v. Cisneros, 662 So. 2d 1272 (Fla. 3d DCA 1995)
    …y for spectator’s death after she walked across racetrack and was struck by racing car; reasonable person would have heeded' warning and release to stay out of restricted area or risk injury without liability on part of promoter.) Banfield v. Louis, 589 So. 2d 441 (Fla. 4th DCA 1991) (court affirmed summary judgment in favor of sponsors, organizers, and promoters of triathlon, including City of Fort Lauderdale; where race contestant had signed waiver which informed participant; WAIVER: READ CAREFULLY BEFORE…
  • Deboer v. Fla. Offroaders Driver's Ass'n, Inc., 622 So. 2d 1134 (Fla. 5th DCA 1993)
    …ellant does not explain how the relationship of FORDA and Drumheller and their relative bargaining powers are similar to the facts in Ivey, nor how Ivey should influence the result in the instant case. Further, appellant overlooks Banfield v. Louis, 589 So. 2d 441 (Fla. 4th DCA 1991), in which the court restricted the application of Ivey to circumstances in which the release is a public utility or a company serving some public function. The court also held that Ivey did not apply where the circumstances invol…

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