POLYGARD, INC., ETC., PETITIONER/CROSS-RESPONDENT,
v.
JARMCO, INC., ETC., RESPONDENT/CROSS-PETITIONER

Fla. | 1996-10-17
No. 87638
KOGAN, C.J., and OVERTON, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
684 So. 2d 732 Florida Supreme Court (1996) Caution
Cited by 34 cases

Opinion of the Court
SHAW, Justice.

SHAW, Justice.

We have for review the opinion in Jarmco, Inc. v. Polygard, Inc., 668 So. 2d 300 (Fla. 4th DCA 1996), which certified conflict with the opinion in Woodson v. Martin, 663 So. 2d 1327 (Fla. 2d DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In accordance with our decision in HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So. 2d 1238 (Fla.1996), we approve the decision of the district court in the instant case.

It is so ordered.

KOGAN, C.J., and OVERTON, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.


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Citator

Cited By (32 total)

  • Carlton A. Francis v. State, 808 So. 2d 110 (Fla. 2001)
    …132, although I agree that there was sufficient evidence to support a finding of premeditation, I do not agree that multiple stab wounds alone support a finding of premeditation. See Green v. State, 715 So. 2d 940, 944 (Fla.1998); Kirkland v. State, 684 So. 2d 732, 734-35 (Fla.1996). Rather, as this Court repeatedly has explained, we must look to all the circumstances in the case and the reasonable inferences therefrom: Evidence from which premeditation may be inferred includes such matters as the nature of…
  • Morrison v. State, 818 So. 2d 432 (Fla. 2002)
    …cumstantial evidence standard does not require the jury to believe the defendant’s version of events on which the State has produced conflicting evidence. See Crump v. State, 622 So. 2d 963, 971 (Fla.1993). . Morrison relies upon Kirkland v. State, 684 So. 2d 732 (Fla.1996), where this Court found insufficient evidence in the record to support the finding of premeditation necessary to sustain defendant Kirkland’s first-degree murder conviction. Kirkland, however, was “mildly retarded” and "there was no sugge…
  • Carpenter v. State, 785 So. 2d 1182 (Fla. 2001)
    …blunt trauma and strangulation was caused by premeditated acts which the defendant aided and abetted within the proscription of section 777.011, Florida Statute (1993). I do not agree that this case is similar to or controlled by Kirkland v. State, 684 So. 2d 732 (Fla.1996), or Green v. State, 715 So. 2d 940 (Fla.1998). [*1206] I also dissent from the majority’s conclusion that an out-of-state conviction must be considered a felony in that jurisdiction to qualify under the prior violent felony ag-gravator st…
    1 / 2

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