RAYMOND W. TOMPKINS, ETC., PETITIONER,

v.

FIRST UNION NATIONAL BANK, ET AL., RESPONDENTS

Citator

Cited By (25 total)

• McLEAN v. State, 934 So. 2d 1248 (Fla. 2006)
  …(“All relevant evidence is admissible, except as provided by law.”). Moreover, “[w]here possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.” Montgomery v. State, 897 So. 2d 1282, 1286 (Fla.2005) (quoting Forsythe v. Longboat Key Beach Erosion Control Dist.; 604 So. 2d 452, 455 (Fla.1992)). Under the Florida Evidence Code, chapter 90, Florida Statutes, “[r]elevant- evidence is inadmissible if its probative value is substanti…
• State v. Paul, 934 So. 2d 1167 (Fla. 2006)
  …ld not be used as aggravating factor in death case), cert. denied, — U.S. -, 126 S.Ct. 2294, 164 L.Ed.2d 820 (2006). Courts are obligated to apply statutory language that is clear and unambiguous according to its plain meaning. Montgomery v. State, 897 So. 2d 1282, 1285 (Fla.2005). The divergent judicial interpretations given section 775.021(4)(b)(2) by the Court in cases such as Sirmons and Gordon, and now by Justice Cantero in this case, reflect an innate ambiguity in the statutory language. I cannot resolv…
• V.K.E. v. State, 934 So. 2d 1276 (Fla. 2006)
  …it according to its ordinary and common meaning. Smith v. United States, 508 U.S. 228, 229, 113 S.Ct. 2050, 124 L.Ed.2d 138 (1993) (citing Perrin v. United States, 444 U.S. 37, 42, 100 S.Ct. 311, 62 L.Ed.2d 199 (1979)); see also Montgomery v. State, 897 So. 2d 1282, 1285 (Fla.2005) (“[O]ne of the most fundamental tenets of statutory construction requires that we give statutory language its plain and ordinary meaning, unless words are defined in the statute or by the clear intent of the legislature.”) (quoting…

Authorities Cited

• Ferman G. DYE v. Sec. Pac. Fin. Servs., Inc., 828 So. 2d 1089 (Fla. 1st DCA 2002)
• Tompkins v. First Union Nat'l Bank, 833 So. 2d 199 (Fla. 5th DCA 2002)