STATE OF FLORIDA, APPELLANT,
v.
PATRICK JOSEPH SORRENTINO, JR., APPELLEE
STATE OF FLORIDA, APPELLANT,
PATRICK JOSEPH SORRENTINO, JR., APPELLEE
596 So. 2d 1290
Florida District Court of Appeal, Second District (1992)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The issue on appeal is the constitutionality of a section of the witness tampering statute, section 914.22(l)(b), Florida Statutes (1989). The trial court granted defendant’s motion to dismiss the charge finding section 914.22(l)(b) unconstitutional.
We find that the reasons for the decision in State v. Cohen, 568 So. 2d 49 (Fla.1990), when it declared subsections (l)(a) and (3) unconstitutional, do not apply here. Subsection (l)(b) is clear in the type of inducement it proscribes and the object of the inducement. We reverse the order finding it unconstitutional.
Reversed.
CAMPBELL, A.C.J., and HALL and BLUE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Fuss v. Gross, 82 So. 3d 1082 (Fla. 2d DCA 2012)…d DCA 1992). Ordinarily, when a person should have known such facts is a question for the trier of fact. Id. at 720; see also Halkey-Roberts Corp. v. Mackal, 641 So. 2d 445, [*1084] 447 (Fla. 2d DCA 1994); Aprile v. Suncoast Schs. Fed. Credit Union, 596 So. 2d 1290, 1293 (Fla. 2d DCA 1992); Harr v. Hillsborough Cnty. Mental Health Ctr., 591 So. 2d 1051, 1054 (Fla. 2d DCA 1991). Mr. Gross simply has not established for purposes of summary judgment that Mr. Fuss could or should have discovered the facts of the…
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Gerald v. Keller and Beulah M. Keller, 603 So. 2d 717 (Fla. 2d DCA 1992)…se. The determination of when a person knew, or with the exercise of due diligence should have known, of the invasion of his or her legal rights is ordinarily a question for the trier of fact. Flanagan; Aprile v. Suncoast Schools Fed. Credit Union, 596 So. 2d 1290 (Fla. 2d DCA1992); Hawkins v. Washington Shores Savings Bank, 509 So. 2d 1314 (Fla. 5th DCA1987). The appellants contend that they were not aware of the appellee’s negligence until 1989 and have asserted facts in their complaint and under oath in th…
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The Caliente P'ship v. Johnston, 604 So. 2d 886 (Fla. 2d DCA 1992)…to the defense of statute of limitations. Where crucial facts regarding dates or times are in dispute, resolution of this question by summary judgment or dismissal is viewed with disfavor. See, e.g., Aprile v. Suncoast Schools Federal Credit Union, 596 So. 2d 1290 (Fla. 2d DCA 1992); Lago West 84, Inc. v. Homoc Barnes, Inc., 486 So. 2d 64 (Fla. 4th DCA 1986). . See, e.g., § 120.60(2), Fla.Stat. (1991). Even here, since some public participation in permitting decisions is authorized, it should be emphasized t…
Authorities Cited
- State v. Cohen, 568 So. 2d 49 (Fla. 1990)