THE STATE OF FLORIDA, FLORIDA HIGHWAY PATROL, APPELLANT,
v.
JAMES CHANCELOR; [IN RE: THE FORFEITURE OF: TWENTY NINE THOUSAND NINE HUNDRED AND EIGHTY ($29,980.00) IN U.S. CURRENCY], APPELLEE

Fla. 3d DCA | 2002-12-26
No. 3D02-1211
Before LEVY, SHEVIN and RAMIREZ, JJ.
833 So. 2d 857 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 13 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Wackenhut Protective Sys., Inc. v. Key Biscayne Commodore Club Condo. I, Inc., 350 So. 2d 1150, 1151 (Fla. 3d DCA 1977)(“Florida case law applies a test of prejudice to the defendant as the primary consideration in determining whether the plaintiffs motion to amend should be granted or denied.”). See also San Martin v. Dadeland Dodge, Inc., 508 So. 2d 497 (Fla. 3d DCA 1987).


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  • Reeves v. Fleetwood Homes OF Fla., Inc., 889 So. 2d 812 (Fla. 2004)
    …LEWIS, J. We have for review Fleetwood Homes of Florida, Inc. v. Reeves, 833 So. 2d 857 (Fla.2d DCA 2002), in which the Second District Court of Appeal certified the following questions of law to be of great public importance: 1. MAY A DISTRICT COURT REVIEW A NONFINAL- ORDER DENYING, “AS A MATTER OF LAW,” A MOTION FOR SUMMARY JUDGMENT…
  • Marysol Sierra v. Associated Marine Insts., Inc., 850 So. 2d 582 (Fla. 2d DCA 2003)
    …gross negligence exception to coemployee workers’ compensation immunity in section 440.11(1)). Yet, even this notion begets uncertainty. As Judge Altenbernd ably demonstrated when writing for this court in Fleetwood Homes of Florida, Inc. v. Reeves, 833 So. 2d 857, 866 (Fla. 2d DCA 2002), it is doubtful that the term “gross negligence” has precisely the same meaning in different contexts. Judge Altenbernd pointed to Glaab v. Caudill, 236 So. 2d 180 (Fla. 2d DCA 1970), which bemoaned the difficulty of articula…
  • Bakerman v. THE Bombay Co., Inc., 961 So. 2d 259 (Fla. 2007)
    …sch Entm’t Corp., 929 So. 2d 552 (Fla. 2d DCA 2006); Casas v. Siemens Energy & Automation, Inc., 927 So. 2d 922 (Fla. 3d DCA 2006); Allstates Fireproofing, Inc. v. Garcia, 876 So. 2d 1222 (Fla. 4th DCA 2004); Fleetwood Homes of Fla., Inc. v. Reeves, 833 So. 2d 857 (Fla. 2d DCA 2002), quashed on other grounds, 889 So. 2d 812 (Fla.2004)). In the instant ease, the Third District likewise correctly held that “the evidence was legally insufficient to support liability under the intentional tort exception to worke…

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