GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, APPELLANT,
v.
ANTHONY CIOPPA, JR., APPELLEE
GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, APPELLANT,
ANTHONY CIOPPA, JR., APPELLEE
710 So. 2d 110
Florida District Court of Appeal, Third District (1998)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Berkshire Life Ins. Co. v. Adelberg, 698 So. 2d 828 (Fla.1997); Mutual Life Ins. Co. v. Knight, 130 Fla. 733, 178 So. 898 (1937); Cruz v. Union Gen. Ins., 586 So. 2d 91 (Fla. 3d DCA 1991); Aetna Life Ins. Co. v. Smith, 345 So. 2d 784 (Fla. 4th DCA), cert. denied, 353 So. 2d 678 (Fla.1977); Monsanto Co. v. Fuqua, 280 So. 2d 496 (Fla. 1st DCA), cert. denied, 286 So. 2d 205 (Fla.1973).
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Mora v. State, 814 So. 2d 322 (Fla. 2002)…at he was entitled to an involuntary intoxication jury instruction and cites to a line of cases from the Fourth District recognizing an involuntary intoxication defense. See Devers-Lopez v. State, 710 So. 2d 720 (Fla. 4th DCA 1998); Carter v. State, 710 So. 2d 110 (Fla. 4th DCA 1998); Brancaccio v. State, 698 So. 2d 597 (Fla. 4th DCA 1997); Boswell v. State, 610 So. 2d 670 (Fla. 4th DCA 1992). Mora argues that the gassing he received at the behest of Rudolph and the pills he took form the evidentiary predicat…
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In re Standard Jury Instructions IN Crim. Cases-Report 2012-07, 122 So. 3d 302 (Fla. 2013)…ult of taking [ (name of Chapter 893 substance) ] as prescribed, (defendant) was so intoxicated that [he] [she] could not form [a premeditated design to kill] [the intent to (specific intent charged)] at the time of the offense. b. Carter v. State, 710 So. 2d 110 (Fla. 4th DCA 1998). 1. (Defendant), without any fault on [his][her] part, [unknowingly ingested an intoxicating liquor, drug, or other substance] [knowingly ingested an intoxicating liquor, drug, or other substance because of force, fraud, duress,…1 / 2
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Smallridge v. State, 904 So. 2d 601 (Fla. 1st DCA 2005)…n of a vehicle.” Id. In fact, no Florida court, since the adoption of the instruction, has disapproved its use. See, generally, Tyner v. State, 805 So. 2d 862 (Fla. 2d DCA 2001); Gerlitz v. State, 725 So. 2d 393 (Fla. 4th DCA 1998); Carter v. State, 710 So. 2d 110 (Fla. 4th DCA 1998). As a consequence, we reject appellant’s arguments that the trial court erred in giving the standard instruction on DUI manslaughter. Neither can we agree with the argument that the lower court erred in denying appellant’s motio…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Berkshire Life Ins. Co. v. Adelberg, 698 So. 2d 828 (Fla. 1997)
- Mut. Life Ins. Co. of N.Y. v. Knight, 130 Fla. 733 (Fla. 1937)
- AETNA Life Ins. Co. v. Smith, 345 So. 2d 784 (Fla. 4th DCA 1977)
- Nivaldo F. Cruz, Jr. v. Union Gen. Ins., 586 So. 2d 91 (Fla. 3d DCA 1991)
- Nationwide Mut. Ins. Co. v. DeOCA, 280 So. 2d 496 (Fla. 3d DCA 1973)
- Fuqua v. Monsanto Co., 286 So. 2d 205 (Fla. 1973)
- Miller v. Camblin, 286 So. 2d 205 (Fla. 1973)