SCOTT BENNINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SCOTT BENNINGTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
657 So. 2d 57
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse Appellant’s convictions and sentences for indecent assault and remand for a new trial. The state acknowledges that it was error to deny the requested jury instruction on the lesser included offense of exposure under section 800.03, Florida Statutes (1993). See Herrington v. State, 538 So. 2d 850 (Fla.1989); Rigdon v. State, 621 So. 2d 475 (Fla. 4th DCA 1993). As the issue was not harmless, the convictions must be reversed. State v. Abreau, 363 So. 2d 1063 (Fla.1978); Acensio v. State, 497 So. 2d 640 (Fla.1986).
GUNTHER, C.J., and STONE and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ass'n FOR Retarded Citizens-Volusia, Inc. v. Fletcher, 741 So. 2d 520 (Fla. 5th DCA 1999)…e was resolved by a summary judgment not withdrawn. It is the movant who has the burden to negative or disprove the opposing party’s position in order to obtain (or retain) a summary judgment. See Serchay v. NTS Fort Lauderdale Office Joint Venture, 657 So. 2d 57 (Fla. 4th DCA 1995). Plaintiff simply did not do so in this case. Third, even if inadequacy of proof was the basis for the summary judgment, and it was not, the question should not have been whether appellant proved that it would have been “more li…
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Edwards v. Richard J. Simon, M.D., 961 So. 2d 973 (Fla. 4th DCA 2007)…the roles are reversed). Orlando v. FEI Hollywood, Inc., 898 So. 2d 167 (Fla. 4th DCA 2005) (party moving for summary judgment must show conclusively the absence of any genuine issue of material fact); Serchay v. NTS Ft. Laud. Office Joint Venture, 657 So. 2d 57 (Fla. 4th DCA 1995) (movant for summary judgment has burden of conclusively proving nonexistence of material fact dispute and of disproving fact matters raised as defenses). Also it is critical in summary judgment proceedings to remember that as to…
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Stanley Marsh & Sons, Inc. v. Niagara Distribs., Inc., 670 So. 2d 1176 (Fla. 4th DCA 1996)…enuine issues of material fact exist which preclude the entry of a summary judgment on appellant’s claims for conversion, misrepresentation and trespass. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Serchay v. NTS Fort Lauderdale Office Joint Venture, 657 So. 2d 57 (Fla. 4th DCA 1995); Brock v. Associates Fin., Inc., 625 So. 2d 135 (Fla. 1st DCA 1993). Accordingly, we reverse the trial court’s order granting summary judgment against appellant, Stanley Marsh & Sons, Inc., and remand this cause for further proce…
Authorities Cited
- Grant v. State, 363 So. 2d 1063 (Fla. 1978)
- State Farm Mut. Auto. Ins. Co. v. Garcia, 621 So. 2d 475 (Fla. 4th DCA 1993)
- Erineo Acensio v. State, 497 So. 2d 640 (Fla. 1986)
- Herrington v. State, 538 So. 2d 850 (Fla. 1989)