DEREK LORENZO JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DEREK LORENZO JOHNSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
930 So. 2d 668
Florida District Court of Appeal, Third District (2006)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Ehrlich v. State, 742 So. 2d 447 (Fla. 4th DCA 1999); Silvestri v. State, 332 So. 2d 351 (Fla. 4th DCA 1976), approved, 340 So. 2d 928 (Fla.1976); State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Brown v. State, 790 So. 2d 389 (Fla.2000); Perkins v. State, 576 So. 2d 1310 (Fla.1991); § 777.011, Fla. Stat. (2002); cf. Clines v. State, 912 So. 2d 550 (Fla.2005).
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Johnson v. State, 239 So. 3d 135 (Fla. 3d DCA 2018)
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Sturdivant v. State, 84 So. 3d 1044 (Fla. 1st DCA 2010)…(2005)). It is axiomatic that language that is not a holding is dicta. Only that language that is “clearly critical to the outcome” of the case may be considered a holding of the case. See Bellsouth Telecomms., Inc. v. Church & Tower of Fla., Inc., 930 So. 2d 668, 673 (Fla. 3d DCA 2006) (“[Ojur reliance upon Witt was clearly critical to the outcome in Carrousel, and, therefore, not dictum.”). Where a statement does not directly control the outcome, it is mere dicta and without the force of precedent. See Sta…
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Indem. Ins. Corp. OF DC. v. Leilani Caylao, 130 So. 3d 783 (Fla. 1st DCA 2014)…the existence of the judgment debt, not only when the default judgment was entered but also when Ms. Caylao sought to collect. See Ramos v. Nw. Mut. Ins. Co., 336 So. 2d 71, 75 (Fla.1976); BellSouth Telecomms., Inc. v. Church & Tower of Fla., Inc., 930 So. 2d 668, 671 (Fla. 3d DCA 2006) (“[A]n insured’s violation of a notice requirement [by failing to timely notify the insurer of the lawsuit] does not relieve the insurer of its contractual obligation to defend when no prejudice is shown.”); Nationwide Mut. F…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Perkins v. State, 576 So. 2d 1310 (Fla. 1991)
- Clines v. State, 912 So. 2d 550 (Fla. 2005)
- Silvestri v. State, 332 So. 2d 351 (Fla. 4th DCA 1976)
- State v. Silvestri, 340 So. 2d 928 (Fla. 1976)
- Brown v. State, 790 So. 2d 389 (Fla. 2000)
- Misti Ehrlich v. State, 742 So. 2d 447 (Fla. 4th DCA 1999)