CRISTOBAL MARTE HOFFIZ, APPELLANT,
v.
VALDES-FAULI, COBB & PETREY, P.A. AND RODERICK N. PETREY, APPELLEES

Fla. 3d DCA | 1994-02-22
No. 93-1188
Before SCHWARTZ, C.J., and BARKDULL and LEVY, JJ.
632 So. 2d 1078 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the summary judgment for the defendants which is challenged on the main appeal. On the cross-appeal, the order dismissing the counterclaim is reversed on the authority of Allie v. Ionata, 503 So. 2d 1237 (Fla.1987) and Johnson v. Allen, Knudsen, DeBoest, Edwards & Rhodes, PA., 621 So. 2d 507 (Fla. 2d DCA 1993).

Affirmed in part, reversed in part.


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  • State v. Blanco, 896 So. 2d 900 (Fla. 4th DCA 2005)
    …sue. See Robichaud v. State, 658 So. 2d 166 (Fla. 2d DCA 1995) (error to submit subjective entrapment issue to jury where defendant established by testimony at pretrial hearing government’s inducement and his lack of predisposition); State v. Ramos, 632 So. 2d 1078 (Fla. 3d DCA 1994) (testimony at pretrial hearing on defendant’s motion to dismiss established government inducement and his lack of predisposition; not necessary to submit entrapment issue to jury.); Beattie v. State, 636 So. 2d 744 (Fla. 2d DCA 19…
  • Jones v. State, 114 So. 3d 1123 (Fla. 1st DCA 2013)
    …, but an “unwary criminal” who availed himself of the opportunity Deputy Gilmore presented to make money by selling drugs. The trial court therefore did not err by admitting the July 15 video to rebut Appellant’s entrapment claim. Cf. State v. Ramos 632 So. 2d 1078, 1079 (Fla. 3d DCA 1994) (upholding trial court ruling that defendant was not predisposed to commit drug transaction crime, where no prior criminal history or law enforcement intelligence evidenced narcotics activities by defendant, and confidential…
  • Nadeau v. State, 683 So. 2d 504 (Fla. 4th DCA 1995)
    …e burden of proof pursuant to section 777.201 to establish this factor by a preponderance of [*507] the evidence. The evidence was overwhelming in this case that Antar repeatedly induced Nadeau with threats and harassment. See, e.g., State v. Ramos, 632 So. 2d 1078 (Fla.3d DCA 1994) (holding that the defendant proved inducement by a preponderance of evidence where an informant contacted him over a dozen times in order to convince him to get involved). If the first question is answered affirmatively, then the…

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