ROBERT DAVELLA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT DAVELLA, APPELLANT,
STATE OF FLORIDA, APPELLEE
817 So. 2d 1089
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We grant appellant’s motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place.
AFFIRMED. See Hall v. State, 767 So. 2d 560 (Fla. 4th DCA 2000), rev. granted, 790 So. 2d 1104 (Fla.2001).
GUNTHER, SHAHOOD and TAYLOR, JJ., concur.
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D.V. v. State, 817 So. 2d 1098 (Fla. 2d DCA 2002)…. ALTENBERND and STRINGER, JJ„ Concur. . The trial court also held in contempt two witnesses who testified on behalf of D.V. This court recently reversed both of those convictions. M.L. v. State, 819 So. 2d 240 (Fla. 2d DCA 2002); Rhoads v. State, 817 So. 2d 1089 (Fla. 2d DCA 2002).…
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Laudi Diaz v. State, 845 So. 2d 336 (Fla. 3d DCA 2003)…. State, 697 So. 2d 991 (Fla. 4th DCA 1997)(it is the trial court’s responsibility to make findings of fact as to witness credibility). We do, however, reverse the trial court’s finding that Diaz was guilty of criminal contempt. See Rhoads v. State, 817 So. 2d 1089 (Fla. 2d DCA 2002)(for a witness to be held in direct criminal contempt based on purported penurious testimony there must be judicial knowledge of the falsity); Newry v. State, 654 So. 2d 1292 (Fla. 4th DCA 1995)(‘[T]he mere fact that the court beli…
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Phelps v. State, 236 So. 3d 1162 (Fla. 2d DCA 2018)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Artis J. Kelly v. State, 767 So. 2d 560 (Fla. 4th DCA 2000)
- Wester v. State, 767 So. 2d 560 (Fla. 4th DCA 2000)