ESSIE CRAIG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Essie Craig appeals her conviction for felony possession of marijuana and the probationary term imposed as a result of that conviction. She specifically challenges the denial of her dispositive motion to suppress. The evidence against Ms. Craig was seized from her home during the execution of the same search warrant involved in Randall v. State, 793 So. 2d 59 (Fla. 2d DCA 2001), in which this court reversed the denial of Ms. Randall’s motion to suppress. Both Ms. Randall’s case and Ms. Craig’s case arose out of the same factual incident and the legal issues presented for consideration were identical. Accordingly, we reverse.
Reversed and remanded.
ALTENBERND,1 CASANUEVA, and SALCINES, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jonjuan Salon, Inc. v. Acosta, 922 So. 2d 1081 (Fla. 4th DCA 2006)…t. See also T.K. Commc’ns, Inc. v. Herman, 505 So. 2d 484, 486 (Fla. 4th DCA 1987) (“Where a covenant not to compete is violated, irreparable injury is presumed and does not have to be proven to obtain an injunction.”); Am. II Elecs., Inc. v. Smith, 830 So. 2d 906 (Fla. 2d DCA 2002) (holding that evidence was sufficient to prove a violation of an enforceable restrictive covenant under section 542.335 and, therefore, was sufficient to create a rebuttable presumption of irreparable injury for purposes of obtain…
-
DePUY Orthopaedics, Inc. v. Waxman, 95 So. 3d 928 (Fla. 1st DCA 2012)…reparable injury if not enjoined .... ’ the statute operates to create a presumption of irreparable injury to the employer and ... the burden shifted to [the employee] to establish the absence of such injury.”) (quoting Am. II Elees., Inc. v. Smith, 830 So. 2d 906, 908 (Fla. 2d DCA 2002)). DePuy presented a prima facie case that Appellees violated their non-compete covenants, and Appellees failed to establish the absence of an injury. Simply stated, DePuy established the presumption, and Appellees failed to…
-
Variable Annuity Life Ins. Co. v. Hausinger, 927 So. 2d 243 (Fla. 2d DCA 2006)…rictive covenant creates a presumption of irreparable injury to the [*245] person seeking enforcement of the restrictive covenant.” Quoting directly from the statute, this court analyzed section 542.335(1)0 in America II Electronics, Inc. v. Smith, 830 So. 2d 906, 908 (Fla. 2d DCA 2002), and held that “a party seeking to enforce a restrictive covenant by injunction need not directly prove that the defendant’s specific activities will cause irreparable injury if not enjoined. Rather, the statute provides that…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Randall v. State, 793 So. 2d 59 (Fla. 2d DCA 2001)