J. PATRICK SWETT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
J. PATRICK SWETT, PETITIONER,
STATE OF FLORIDA, RESPONDENT
829 So. 2d 901
Florida Supreme Court (2002)
Negative Treatment
Cited by 254 cases
Opinion of the Court
PER CURIAM.
We initially accepted review of the decision in State v. Swett, 772 So. 2d 48 (Fla. 5th DCA 2000), based on alleged express and direct conflict with Frazier v. State, 766 So. 2d 459 (Fla. 1st DCA 2000), and Daniels v. State, 568 So. 2d 63 (Fla. 1st DCA 1990). Upon further consideration, we find that jurisdiction was improvidently granted. Accordingly, we hereby dismiss this case.
It is so ordered.
ANSTEAD, C.J., SHAW, WELLS, PARIENTE, LEWIS, and QUINCE, JJ., and HARDING, Senior Justice, concur.
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McLEAN v. State, 934 So. 2d 1248 (Fla. 2006)…ar facts legally relevant to show identity.” Id. “[Substantial similarity” is also required “when the [collateral crime] evidence is sought to be admitted for the specific purpose of establishing absence of mistake or accident.” Robertson v. State, 829 So. 2d 901, 909 (Fla.2002). We have also explained that “[a]lthough similarity is not a requirement for admission of other crime evidence, when the fact to be proven is, for example, identity or common plan or scheme it is generally the similarity between the…
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Wallace v. Dean, 3 So. 3d 1035 (Fla. 2009)…(Fla.2006) (identifying misapplication of our precedent as one means of supplying conflict jurisdiction); Aguilera v. Inservs., Inc., 905 So. 2d 84, 86 (Fla.2005) (same); Knowles v. State, 848 So. 2d 1055, 1056 (Fla.2003) (same); Robertson v. State, 829 So. 2d 901, 904 (Fla.2002) (same); Vest v. Travelers Ins. Co., 753 So. 2d 1270, 1272 (Fla.2000) (same); State v. Stacey, 482 So. 2d 1350, 1350 (Fla.1985) (same); Arab Termite & Pest Control of Fla., Inc., 409 So. 2d 1039, 1040 (Fla.1982) (same). . Kaisner v.…
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Butler v. Yusem, 44 So. 3d 102 (Fla. 2010)…of Appeal in Yusem v. Butler (Butler III), 10 So. 3d 1159 (Fla. 4th DCA 2009), on the ground that it expressly and directly conflicts with our decision in Butler v. Yusem (Butler II), 3 So. 3d 1185 (Fla.2009), and our decision in Robertson v. State, 829 So. 2d 901 (Fla.2002), regarding the proper application of the tipsy coachman doctrine. We also conclude that the decision of the Fourth District, which holds that failure to establish justifiable reliance is a bar to recovery based on fraudulent misrepresenta…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- PIA Psychiatric Hosps., Inc. v. State, 568 So. 2d 63 (Fla. 1st DCA 1990)
- Colon v. Showtime Child's. Dance Studios, Inc., 766 So. 2d 459 (Fla. 5th DCA 2000)
- State v. Swett, 772 So. 2d 48 (Fla. 5th DCA 2000)