JOHN A. BARLEY, A PARTY-IN-INTEREST AS SUCCESSOR-IN-INTEREST TO JOHN A. BARLEY & ASSOCIATES, P.A., A SUCCESSOR-IN-INTEREST TO YELLOW JACKET MARINA, INC. (YJM), APPELLANT,
v.
TIM PALETTI AND MARK PALETTI, RICHARD E. CORBIN, APPELLEES
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The court reversed a defense verdict in a wrongful death action, holding that the trial court erred in refusing to instruct the jury on statutes and regulations potentially violated by the assisted living facility.
The court held that the trial court erred in refusing to provide jury instructions regarding statutes and regulations applicable to assisted living facilities, as these instructions were relevant to the plaintiff's theory of the case.
The appellant's mother, a resident of an assisted living facility managed by Marriott, was murdered by another resident who had a history of psychiatr…
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PER CURIAM.
Upon consideration of the appellant’s responses to the Court’s orders of September 30, 2004, and November 19, 2004, the Court has determined that the order on appeal is an order granting new trial. Although such an order is reviewable by this Court pursuant to Florida Rule of Appellate Procedure 9.110(a)(4), the instant appeal is untimely. A motion for rehearing does not toll the time for seeking appellate review of an order granting new trial because such a motion is not authorized. See Frazier v. Seaboard System Railroad, 508 So. 2d 345 (Fla.1987). Thus, the appellant’s notice of appeal, which was filed more than thirty days after rendition of the order on appeal, did not timely invoke this Court’s jurisdiction. Accordingly, the appeal is hereby dismissed. All pending motions are denied as moot.
ERVIN, KAHN and BENTON, JJ„ concur.
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Patrick v. State, 104 So. 3d 1046 (Fla. 2012)…d DCA 1983), approved on other grounds, 476 So. 2d 1262 (Fla.1985). As of October 1, 1999, the Florida Legislature eliminated the defense. See § 775.051, Fla. Stat. (1999). Lewis v. State, 817 So. 2d 933, 933 (Fla. 4th DCA 2002). In Gibbs v. State, 904 So. 2d 432, 437 (Fla. 4th DCA 2005), the Fourth District addressed this question. Gibbs argued “that the court erred in instructing the jury that voluntary intoxication is not a defense to any offense proscribed by law.” He further argued “that the instruction…
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Wiley v. State, 60 So. 3d 588 (Fla. 4th DCA 2011)…on who knows the victim and has had time to develop a level of enmity toward the victim,” and “[h]atred, spite, evil intent, or ill will usually require more than an instant to develop.” Light, 841 So. 2d at 626. The State relies on Gibbs v. State, 904 So. 2d 432, 435 (Fla. 4th DCA 2005). In Gibbs, this court held that pointing a loaded gun at the head of the victim and then firing is an act imminently dangerous to another and evincing a depraved mind regardless of human life and sufficient evidence to prove…
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Tyson L. Chaffin v. State, 121 So. 3d 608 (Fla. 4th DCA 2013)…4th DCA 2011). As we have explained, “[pjointing a loaded gun at the head of the victim and then firing has frequently been held to be an act ‘imminently dangerous to another and evincing a depraved mind regardless of human life.’ ” Gibbs v. State, 904 So. 2d 432, 435 (Fla. 4th DCA 2005) (citing to a line of cases holding the same). Here, Chaffin pointed a loaded gun at his father’s head and fired. Additionally, evidence presented by the State established that Chaffin and his father had a complicated relatio…
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- Frazier v. Seaboard Sys. R.R., Inc., 508 So. 2d 345 (Fla. 1987)