NOMO RESEARCH, INC., FORMERLY KNOWN AS SEA & SKI CORPORATION, APPELLANT,

v.

COMERCIAL E. IMPORTADA MMD, APPELLEE

Citator

Cited By

• Rosen v. State, 940 So. 2d 1155 (Fla. 5th DCA 2006)
  …l, 624 So. 2d at 860. Whether Rosen’s acts were intentional acts of a lewd and lascivious nature depended on the jury’s factual determination of his intent when he touched the children. See Method, 920 So. 2d at 143. We distinguish M.L.C. v. State, 875 So. 2d 810, 811 (Fla. 2d DCA 2004), where the court held the defendant’s two “split-second” brushes against two girls’ buttocks were not lewd and lascivious as a matter of law. M.L.C., 875 So. 2d at 812. There, the 12-year-old defendant brushed girls over thei…
• State v. Sholl, 18 So. 3d 1158 (Fla. 1st DCA 2009)
  …nably be said that the acts are not lewd and lascivious as a matter of law.” Mitchell, 624 So. 2d at 860. However, the exception applies only when no inference of “lewd or lascivious” conduct can be drawn from the facts alleged. See M.L.C. v. State, 875 So. 2d 810, 812 (Fla. 2d DCA 2004). Here, the undisputed facts — as set forth in the motion to dismiss, the traverse, and the hearing — indicated Sholl engaged in a real-time chat over Yahoo’s Instant Messenger feature using a web camera. The chat was between…
• Ostrow v. Laurie Imler o/b/o D.I., 27 So. 3d 237 (Fla. 4th DCA 2010)
  …ensual design on the part of the perpetrator. Fretwell v. State, 852 So. 2d 292, 298 (Fla. 4th DCA 2003); Chesebrough v. State, 255 So. 2d 675, 677 (Fla.1971); Boles v. State, 158 Fla. 220, 27 So. 2d 293, 294 (Fla.1946). As noted in M.L.C. v. State, 875 So. 2d 810, 812 (Fla. 2d DCA 2004), “a lewd or lascivious purpose imports more than a negligent disregard of the decent proprieties and consideration due to others.” (internal quotations omitted). In M.L.C., the court found the evidence insufficient to constit…

Authorities Cited

• Marsh Supermarkets, Inc. v. The Queen's Flowers Corp., 696 So. 2d 1207 (Fla. 3d DCA 1997)