JOSHUA JOHNSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Farino, 915 So. 2d 685 (Fla. 2d DCA 2005)
  …und in Schmitt. The circuit court’s decision exempts from prosecution individuals whose conduct clearly falls under the statute, resulting in a miscarriage of justice. See Dep’t of Highway Safety & Motor Vehicles, Div. of Driver Licenses v. Possati, 866 So. 2d 737 (Fla. 3d DCA 2004). Accordingly, we grant the State’s petition for writ of certio-rari, quash the circuit court’s order, and remand with directions to reinstate the charges against the respondents in accordance with this opinion. NORTHCUTT and CASA…
• In re Asbestos Litig. Mobil Corp. v. Mallia, 933 So. 2d 613 (Fla. 3d DCA 2006)
  …he essential requirements of the law when it applied a statutory standard of care in a lawsuit, despite the plain reading of the statute indicating that the standard of care did not apply); State, Dep’t of Highway Safety & Motor Vehicles v. Possati, 866 So. 2d 737 (Fla. 3d DCA 2004)(eertiorari granted, concluding that the trial court departed from the essential requirements of the law by not following the clearly established dictates of a statute regarding the appropriateness of an alcohol breath test). A fi…
• State v. Everette, 911 So. 2d 119 (Fla. 3d DCA 2004)
  …ssential requirements of law when it amounts to “a violation of a clearly established principle of law resulting in a miscarriage of justice.” We recently stated in State, Dept. of Highway Safety & Motor Vehicles, Div. of Driver Licenses v. Possati, 866 So. 2d 737, 739 (Fla. 3d DCA 2004), that “[t]o justify this court’s issuance of a writ of certiorari, the circuit court’s departure from the essential requirements of the law must be more than simple legal error.” We went on to explain that “[i]n determining w…

Authorities Cited

• Daron Merritt v. State, 814 So. 2d 424 (Fla. 2002)