MARK GIVENS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2000-01-19
No. 3D99-1910
Before SCHWARTZ, C.J., and JORGENSON and FLETCHER, JJ.
748 So. 2d 381 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. The victim’s inadvertent comment on the defendant’s prior robbery conviction was not solicited by the State and does not warrant a mistrial. See Hamilton v. State, 703 So. 2d 1038, 1041 (Fla.1997)(upholding denial of mistrial where improper comment was unanticipated and brief and the trial court tendered a curative instruction); Larzelere v. State, 676 So. 2d 394, 400-01 (Fla.l996)(in-advertent comment on defendant’s son’s drug use “was insufficient to warrant a mistrial given its limited nature and the trial court’s curative instructions”).


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  • Sirgany Int'l, Inc. v. Miami-Dade Cnty., 845 So. 2d 1017 (Fla. 3d DCA 2003)
    …through 2-1075) of the Miami-Dade Code. . Section 2-1076(c)(3). . The Inspector General enforces subpoena by application to the circuit court. § 2-1076(c)(3). . See Fisher Island Holdings, LLC v. Miami-Dade County Comm’n on Ethics & Public Trust, 748 So. 2d 381 (Fla. 3d DCA 2000).…
  • MRO Software, Inc. v. Miami-Dade Cnty., 895 So. 2d 1086 (Fla. 3d DCA 2004)
    …iew by the Appellate Division. Charles M. Schayer & Co. v. Board of County Commissioners of Dade County, 188 So. 2d 871 (Fla. 3d DCA 1966) squarely so holds. See also Fisher Island Holdings, LLC v. Miami-Dade County Com’n on Ethics and Public Trust, 748 So. 2d 381 (Fla. 3d DCA 2000). As we have already strongly indicated in Miami-Dade County v. Church & Tower, Inc., 715 So. 2d 1084 (Fla. 3d DCA 1998), this conclusion is not affected by the procedural process adopted in section 2-8.4 of the Miami Dade County…
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