ROBERT L. GASS, JR., APPELLANT,
v.
COMREAL MIAMI, INC., APPELLEE
ROBERT L. GASS, JR., APPELLANT,
COMREAL MIAMI, INC., APPELLEE
633 So. 2d 1126
Florida District Court of Appeal, Third District (1994)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Finding no error, we affirm the final judgment in all respects. We deny review as to the attorney’s fee issue for want of jurisdiction.
Affirmed.
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Wallace v. State, 688 So. 2d 429 (Fla. 3d DCA 1997)…. The trial court did give an instruction on simple assault as a lesser included offense. The trial court’s failure to give the requested instruction on reckless driving as a [*430] permissible lesser included offense was error. LaValley v. State, 633 So. 2d 1126 (Fla. 5th DCA 1994) (a charge on a lesser included offense is to be given when the pleadings and evidence show that offense is included within the charged offense). We find that this case falls in line with LaValley: reckless driving can be a lesser…
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Piggott v. State, 140 So. 3d 666 (Fla. 4th DCA 2014)…ated assault charge that the defendant intentionally drove his car in such a way as to threaten officers was sufficient to include the willful and wanton disregard for the safety of others necessary to establish reckless driving); LaValley v. State, 633 So. 2d 1126, 1127 (Fla. 5th DCA 1994) (a charge that one committed an aggravated assault by intentionally driving a vehicle in a threatening manner subsumes the elements of reckless driving). Further, the two conditions for giving a jury instruction on a permi…
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Anderson v. State, 247 So. 3d 680 (Fla. 1st DCA 2018)
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