IN RE COMMITMENT OF DANIEL PARKYN. DANIEL PARKYN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Jury Instruction Requirements cases and more on FLexlaw
STRINGER, Judge.
Daniel Parkyn appeals an order of commitment as a sexually violent predator pursuant to the statute commonly known as the Jimmy Ryce Act, sections 394.910-.931, Florida Statutes (1999). The majority of the issues raised by Parkyn have been recently addressed and rejected by this court in Cartwright v. State (In re Commitment of Cartwright), 870 So. 2d 152, 2004 WL 86180 (Fla. 2d DCA Jan.21, 2004). We affirm all remaining issues without comment.
As we did in Cartwright, we certify the following question to the Florida Supreme Court as one of great public importance.
MAY AN INDIVIDUAL BE COMMITTED UNDER THE JIMMY RYCE ACT IN THE ABSENCE OF A JURY INSTRUCTION THAT THE STATE MUST PROVE THAT THE INDIVIDUAL HAS SERIOUS DIFFICULTY IN CONTROLLING HIS OR HER DANGEROUS BEHAVIOR?
Affirmed; question certified.
COVINGTON and KELLY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gloriann Wilson v. Eva J. Salamon, M.D., 923 So. 2d 363 (Fla. 2005)…ust be more than a mere passive effort to keep the case on the docket; the activity must constitute an affirmative act calculated to hasten the suit to judgment.”); Barnett Bank v. Fleming, 508 So. 2d 718, 720 (Fla.1987) (same); Moransais v. Jordan, 870 So. 2d 177, 178 (Fla. 2d DCA 2004) (same); Sewell Masonry Co. v. DCC Constr., Inc., 862 So. 2d 893, 896 (Fla. 5th DCA 2003) (same), review dismissed, 870 So. 2d 823 (Fla.2004); Florez v. City of Miami 858 So. 2d 378, 378 (Fla. 3d DCA 2003) (same); Nicolitz v.…
-
McLAUGHLIN v. Miami-Dade Cnty., 895 So. 2d 1285 (Fla. 3d DCA 2005)…effect of Florida Rule of Civil Procedure 1.420(e), Nesbitt v. Cmty. Health of S. Dade, Inc., 566 So. 2d 1 (Fla. 3d DCA 1989); Nat’l Enters., Inc. v. Foodtech Hialeah, Inc., 777 So. 2d 1191 (Fla. 3d DCA 2001)(rehearing en banc); Moransais v. Jordan, 870 So. 2d 177 (Fla. 2d DCA 2004), the order of dismissal is affirmed.…
-
Philippe H. Moransais v. Lennon D. Jordan, 926 So. 2d 1267 (Fla. 2006)…EN PROPERLY FILED IN GOOD FAITH UNDER THE RULES OF PROCEDURE AUTOMATICALLY TREATED AS ACTIVITY, OR MUST THE TRIAL COURT CONTINUE TO ASSESS ITS OWN ORDERS TO DETERMINE WHETHER THEY ARE PASSIVE ENTRIES IN THE COURT RECORD? [*1268] Moransais v. Jordan, 870 So. 2d 177, 179 (Fla. 2d DCA 2004). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. On the authority of our decision in Wilson v. Salamon, 923 So. 2d 363 (Fla. 2005), the petition for review is granted, and the decision under review is quashed; and t…
Authorities Cited
- In re Commitment: John R. Cartwright. John R. Cartwright v. State, 870 So. 2d 152 (Fla. 2d DCA 2004)