STATE OF FLORIDA, PETITIONER,
v.
OSVALDO ALMEIDA, RESPONDENT
STATE OF FLORIDA, PETITIONER,
OSVALDO ALMEIDA, RESPONDENT
700 So. 2d 640
Florida Supreme Court (1997)
Negative Treatment
Cited by 43 cases
Topics
Explore caselaw by topic → Browse United States V. Davis cases and more on FLexlaw
Opinion of the Court
PER CURIAM.
We have for review a district court decision certifying the following question to be of great public importance:
DO THE PRINCIPLES ANNOUNCED BY THE UNITED STATES SUPREME COURT IN DAVIS [v. UNITED STATES, 512 U.S. 452, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994)], APPLY TO THE ADMISSIBILITY OF CONFESSIONS IN FLORIDA, IN LIGHT OF TRAYLOR [v. STATE, 596 So. 2d 957 (Fla.1992) ]?
Almeida v. State, 687 So. 2d 37 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In State v. Owen, 696 So. 2d 715 (Fla.1997), we answered this question in the affirmative. Accordingly, consistent with Owen, we quash the decision below and remand for further proceedings.
It is so ordered.
OVERTON, SHAW; GRIMES, HARDING and WELLS, JJ., concur. KOGAN, C.J., dissents.
ANSTEAD, J., recused.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (23 total)
-
Almeida v. State, 737 So. 2d 520 (Fla. 1999)…DCA 1997). This Court held: In State v. Owen, 696 So. 2d 715 (Fla.1997), we answered this question in the affirmative. Accordingly, consistent with Owen, we quash the decision below and remand for further proceedings. Almeida v. State (Almeida I), 700 So. 2d 640 (Fla.1997). Thus, the very same issue that is [*529] before our Court today has already been decided by this Court in regard to this exact response by Almeida. Yet the majority today is disregarding that previous ruling and, in essence, changing hor…
-
Walker v. Cash Register Auto Ins. OF Leon Cnty., Inc., 946 So. 2d 66 (Fla. 1st DCA 2006)…the necessity to do so, id. at 838, or if the basis for an award of attorney’s fees is an offer of judgement, see Tampa Letter Carriers, Inc. v. Mack, 649 So. 2d 890 (Fla. 2d DCA 1995), disapproved on other grounds, MX Investments, Inc. v. Crawford, 700 So. 2d 640 (Fla.1997). As explained above, in the case of section 57.105 fees, Ganz created another exception to the Stockman rule. Ganz, however, has not been applied beyond fees awarded under section 57.105. The Stockman rule continues to be applied strictl…
-
Ass'n Emp'rs Ins. Co. v. Am. Excavating & PSI, Inc., 701 So. 2d 110 (Fla. 5th DCA 1997)…atutes, which provides for attorney’s fees in certain eases where an offer of judgment is not accepted. At the time the trial court entered its judgment, it did not have the benefit of the supreme court’s opinion in MX Investments, Inc. v. Crawford, 700 So. 2d 640 (Fla.1997), which clarifies that no entitlement to attorney’s fees arises under section 768.79 unless the ease is dismissed with prejudice. Accordingly, we reverse. REVERSED and REMANDED. COBB and THOMPSON, JJ., concur.…
Previewing 3 of 23 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Traylor v. State, 596 So. 2d 957 (Fla. 1992)
- Davis v. United States, 512 U.S. 452 (U.S. 1994)
- State v. Owen, 696 So. 2d 715 (Fla. 1997)
- Almeida v. State, 687 So. 2d 37 (Fla. 4th DCA 1997)