DAVID WAYNE HINSON, APPELLANT,
v.
C.W. "JAKE" MILLER, AS SHERIFF OF BREVARD COUNTY, FLORIDA, APPELLEE
DAVID WAYNE HINSON, APPELLANT,
C.W. "JAKE" MILLER, AS SHERIFF OF BREVARD COUNTY, FLORIDA, APPELLEE
681 So. 2d 1213
Florida District Court of Appeal, Fifth District (1996)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
AFFIRMED. See Spann v. State, Dep’t of Corrections, 421 So. 2d 1090 (Fla. 4th DCA 1982) (quoting 41 A.L.R.3d 1021, 1025 (1972)), petition for rev. denied, 430 So. 2d 452 (Fla.1983), declined to follow by Jackson v. Milner, 654 So. 2d 1045 (Fla. 1st DCA 1995).
COBB, W. SHARP and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harris v. Monds, 696 So. 2d 446 (Fla. 4th DCA 1997)…at least reason to anticipate such danger. See Spann v. State Dep't of Corrections, 421 So. 2d 1090, 1091 (Fla. 4th DCA 1982), petition for review denied, 430 So. 2d 452 (Fla.1983). Spann has been followed by the fifth district in Hinson v. Miller, 681 So. 2d 1213 (Fla. 5th DCA 1996). Concerned that Spann imposed an "exceptional element” to establish foreseeability, the first district declined to follow Spann in Jackson v. Milner, 654 So. 2d 1045 (Fla. 1st DCA), review denied, 662 So. 2d 932 (Fla.1995). Spann…
Authorities Cited
- Spann v. State, 421 So. 2d 1090 (Fla. 4th DCA 1982)
- Jackson v. Milner, 654 So. 2d 1045 (Fla. 1st DCA 1995)