SCOTT RIDENER, APPELLANT,
v.
LDAR, INC., A FLORIDA CORPORATION D/B/A AMERI-TEMPS, APPELLEE
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FULMER, Acting Chief Judge.
Scott Ridener brought a whistle-blower claim against his former employer pursuant to section 448.103, Florida Statutes (1995). The trial court dismissed the suit with prejudice, relying on Potomac Systems Engineering, Inc. v. Deering, 683 So. 2d 180 (Fla. 2d DCA 1996), because Ridener had not provided written notice to the employer as a condition' precedent to pursuing the claim. Following the trial court’s dismissal, the Supreme Court of Florida decided Golf Channel v. Jenkins, 752 So. 2d 561 (Fla.2000), which overruled this court’s decision in Potomac Systems. The supreme court’s decision in Golf Channel is dispositive and requires us to reverse the trial court’s dismissal.
Reversed and remanded with directions to reinstate Ridener’s complaint.
NORTHGUTT and GREEN, JJ., Concur.
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Ippolito v. State, 789 So. 2d 423 (Fla. 4th DCA 2001)…t the person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla. Stat. (2000); see also Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Popple v. State, 626 So. 2d 185, 186 (Fla.1993); Campuzano v. State, 771 So. 2d 1238, 1241 (Fla. 4th DCA 2000). Whether an officer has a “founded suspicion” for a stop depends on the totality of the circumstances, interpreted in light of the officer’s knowledge and experience at the time of the stop. A mere “hunch” that criminal act…
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RAY v. State, 849 So. 2d 1222 (Fla. 4th DCA 2003)…puty’s weapons pat-down was permissible. Following a stop, “police officers are authorized to execute a pat-down for weapons only where they have a reasonable suspicion to believe that a suspect is armed with a dangerous weapon.” Campuzano v. State, 771 So. 2d 1238, 1243 (Fla. 4th DCA 2000); see also § 901.151(5), Fla. Stat. (2002); Johnson v. State, 785 So. 2d 1224, 1226 (Fla. 4th DCA 2001)(stating that “a [weapons] pat down is authorized when ... the officer has probable cause to believe that the person stop…
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State v. J.D., 796 So. 2d 1217 (Fla. 4th DCA 2001)…2d 911 (1996)). Neither side questions the propriety of the stop and pat-down of appellee. Rather, the issue in this case is whether the seizure of the item in appellee’s pocket following the pat-down was lawful. The state cites Campuzano v. State, 771 So. 2d 1238, 1244 (Fla. 4th DCA 200(3), in arguing that the seizure was proper based on the plain feel doctrine established in Minnesota v. Dickerson, 508 U.S. 366, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993). In Dickerson, the Supreme Court “held that, if a police…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Golf Channel v. Jenkins, 752 So. 2d 561 (Fla. 2000)
- Potomac Sys. Eng'g, Inc. v. Deering, 683 So. 2d 180 (Fla. 2d DCA 1996)