D'ANDRE COMBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
D'ANDRE COMBS, APPELLANT,
STATE OF FLORIDA, APPELLEE
954 So. 2d 1284
Florida District Court of Appeal, First District (2007)
Positive Treatment
Cited by 40 cases
Opinion of the Court
PER CURIAM.
We find that the trial court erroneously instructed the jury on the forcible felony exception to self-defense contrary to this court’s opinion in Williams v. State, 937 So. 2d 771 (Fla. 1st DCA 2006). We, therefore, reverse appellant’s convictions and remand for a new trial.
WOLF, DAVIS, and THOMAS, JJ., concur.
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Giani Fasani v. Kowalski, 43 So. 3d 805 (Fla. 3d DCA 2010)…likely to incur in the future.” DeAlmeida v. Graham, 524 So. 2d 666, 668 (Fla. 4th DCA 1987). A mere possibility that certain treatment might be obtained in the future cannot form the basis of an award of future medical expenses. Truelove v. Blount, 954 So. 2d 1284, 1288 (Fla. 2d DCA 2007); accord Nevarez v. Friskney, 817 So. 2d 856, 858 (Fla. 5th DCA 2002) (holding that an award for future medical expenses was not supported by the evidence, because even though plaintiff presented expert testimony regarding po…
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Marlyn Tracey v. Wells Fargo Bank, 264 So. 3d 1152 (Fla. 2d DCA 2019)…where the plaintiff generally testified that it experienced stress without medical or psychological evidence of emotional pain and suffering" (quoting City of Hollywood v. Hogan, 986 So. 2d 634, 650 (Fla. 4th DCA 2008) ) ); with Truelove v. Blount, 954 So. 2d 1284, 1289-90 (Fla. 2d DCA 2007) (reversing order denying motion for remittitur and remanding "for further proceedings on the issue of future damages"); and Montesinos v. Zapata, 43 So. 3d 97, 99-100 (Fla. 3d DCA 2010) (reversing trial court's order deny…
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Vazquez v. Milady Martinez, 175 So. 3d 372 (Fla. 5th DCA 2015)…ported by the evidence. Where a plaintiff seeks damages for future medical expenses, only medical expenses that are reasonably certain to be incurred in the future are recoverable. Loftin v. Wilson, 67 So. 2d 185, 188 (Fla.1953); Truelove v. Blount, 954 So. 2d 1284, 1288 (Fla. 2d DCA 2007). There must also be an evidentiary basis upon which the jury can, with reasonable certainty, determine the amount of those expenses. Loftin, 67 So. 2d at 188; see GEICO Indem. Co. v. DeGrandchamp, 102 So. 3d 685, 686 (Fla. 2…
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- Williams v. State, 937 So. 2d 771 (Fla. 1st DCA 2006)