GUIBEL CUEVAS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• Acts Retirement-Life Cmtys. Inc. v. Est. OF Robert Zimmer, Sr., 206 So. 3d 112 (Fla. 4th DCA 2016)
  …ent, the employer becomes aware or should have become aware of problems with an employee that indicated his unfitness, and the employer fails to take further actions such as investigation, discharge, or reassignment.” Dep’t of Envtl. Prot. v. Hardy, 907 So. 2d 655, 660 (Fla. 5th DCA 2005). Put slightly differently, negligent supervision exists when the defendant “negligently placed [the plaintiff/purported victim] under the supervision of [an employee], when [the defendant] either knew or should have known th…
• Miulli v. Fla. High Sch. Athletic Ass'n, Inc., 998 So. 2d 1155 (Fla. 2d DCA 2008)
  …Inc. v. City of Hialeah, 468 So. 2d 912 (Fla.1985) (explaining that no common law duty of care exists with regard to how government bodies carry out them functions of enacting and enforcing laws). See also Dep’t of Environmental Protection v. Hardy, 907 So. 2d 655 (Fla. 5th DCA 2005) (holding that the enactment of laws protecting environmental resources does not create statutory duties); Bovio v. City of Miami Springs, 523 So. 2d 1247 (Fla. 3d DCA 1988) (holding that a city’s failure to enforce an ordinance r…
• Martone v. State, 922 So. 2d 404 (Fla. 4th DCA 2006)
  …917 (Fla. 4th DCA 2002); Johnson v. State, 665 So. 2d 380 (Fla. 4th DCA 1996); Thomas v. State, 667 So. 2d 440 (Fla. 4th DCA 1996). The state’s attempt to provide such record evidence for the first time in this appeal is improper. Cuevas v. State, 907 So. 2d 655 (Fla. 4th DCA 2005); Saunders v. State, 661 So. 2d 134 (Fla. 4th DCA 1995). We remand for the trial court to attach portions of the record that conclusively refute the appellant’s claim or to grant appropriate relief. GÚNTHER, KLEIN and GROSS, J…

Authorities Cited

• Mickey L. Saunders v. State, 661 So. 2d 134 (Fla. 4th DCA 1995)