JOHN ARCHIE COLE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Kerline Ferere v. William Shure, M.D., 65 So. 3d 1141 (Fla. 4th DCA 2011)
  …laintiff, such an instruction “invaded the province of the jury ... [and] essentially told the jury that [the gynecologist’s] account of events was the true one.” We review these arguments for an abuse of discretion. See Golden Yachts, Inc. v. Hall, 920 So. 2d 777, 780 (Fla. 4th DCA 2006) (a trial judge’s ruling [*1147] on a motion in limine will not be disturbed absent an abuse of discretion) (citation omitted); Frazier v. State, 970 So. 2d 929, 930 (Fla. 4th DCA 2008) (“The control of comments during closin…
• The League OF Women Voters OF Fla. v. Detzner, 172 So. 3d 363 (Fla. 2015)
  …zed by the Fourth District Court of Appeal, “an adverse inference may arise in any situation where potentially self-damaging evidence is in the possession of a party and that party either loses or destroys the evidence.” Golden Yachts, Inc. v. Hall, 920 So. 2d 777, 781 (Fla. 4th DCA 2006) (quoting Martino v. Wal-Mart Stores, Inc., 835 So. 2d 1251, 1257 (Fla. 4th DCA 2003), approved, 908 So. 2d 342);. see also Nationwide Lift Trucks, Inc. v. Smith, 832 So. 2d 824, 826 (Fla. 4th DCA 2002) (stating that “[c]ases…
• Ross Dress FOR Less Va., Inc. v. Castro, 134 So. 3d 511 (Fla. 3d DCA 2014)
  …hether: (1) "the evidence existed at one time,” (2) "the spoliator had a duty to preserve the evidence, and” (3) "the evidence was crucial to the opposing party['s] being able to prove its prima facie case or a defense.” Golden Yachts, Inc. v. Hall, 920 So. 2d 777, 781 (Fla. 4th DCA 2006) (citing Jordan ex rel. Shealey v. Masters, 821 So. 2d 342, 347 (Fla. 4th DCA 2002)). Osmulski v. Oldsmar Fine Wine, Inc., 93 So. 3d 389, 392 (Fla. 2d DCA 2012); see also Jones v. Publix Super Markets, Inc., 114 So. 3d 998,…