KENNETH BOUDREAUX, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Griffin v. State, 705 So. 2d 572 (Fla. 4th DCA 1998)
  …e crime charged in the indictment” was insufficient to preserve for appeal the specific argument that the State had failed to prove the age of the victim to support a conviction for sexual battery of a child under the age of eleven); Gibbs v. State, 693 So. 2d 66 (Fla. 4th DCA 1997)(relying upon Johnson in finding that a “general” motion for judgment of acquittal was insufficient to preserve the specific argument for appeal). Thus, appellant must, and does, argue on appeal that his conviction for kidnapping…
• Shawanni Mobley v. Gilbert E. Hirschberg, P.A., 915 So. 2d 217 (Fla. 4th DCA 2005)
  …st DCA 2000) (court held that patient’s negligence claim arising from a slip and fall between her hospital bed and bathroom was not a cause of action for medical negligence subject to presuit requirements); Garcia v. Psychiatric Insts. of Am., Inc., 693 So. 2d 66 (Fla. 5th DCA), rev. denied, 700 So. 2d 687 (1997). Mobley’s claim that she was negligently banged in the face with a piece of equipment involves a simple negligence claim independent of the standard of care imposed on a health care provider. Decid…
• Joseph v. Univ. Behavioral LLC, 71 So. 3d 913 (Fla. 5th DCA 2011)
  …So. 2d 1251 (Fla. 1st DCA 2000) (patient’s negligence claim arising from slip and fall between her hospital bed and bathroom was not cause of action for medical negligence subject to presuit requirements); Garcia v. Psychiatric Insts. of Am., Inc., 693 So. 2d 66 (Fla. 5th DCA 1997). The test for determining whether a defendant is entitled to the benefit of the presuit screening requirements of section 766.106 is whether a defendant is liable under the medical negligence standard of care set forth in section…

Authorities Cited

• Miller v. State, 678 So. 2d 465 (Fla. 3d DCA 1996)
• Motes v. State, 684 So. 2d 852 (Fla. 5th DCA 1996)