PENZOIL-QUAKER STATE AND ACE USA, APPELLANTS,

v.

HARRY COOPER, APPELLEE

Citator

Cited By

• State v. Terma, 997 So. 2d 1174 (Fla. 3d DCA 2008)
  …l Procedure 3.190(d).4 “The State need only specifically dispute a material fact alleged by the defendant or add additional material facts that meet the minimal requirement of a prima facie case.” Kalogeropolous, 758 So. 2d at 112; see State v. Gay, 960 So. 2d 864, 867 (Fla. 2d DCA 2007). In order to avoid dismissal under Rule 3.190(c)(4), “the State is not obligated to [*1178] pre-try its case, only to provide sufficient facts, when viewed in a light most favorable to the State, to show that a reasonable jur…
• State v. Yarn, 63 So. 3d 82 (Fla. 2d DCA 2011)
  …dant’s motion, the State may file a sworn traverse. See Fla. R. Crim. P. 3.190(d); Kalogeropolous, 758 So. 2d at 111-12. In its traverse, the State need not adduce the evidence necessary to prove its case beyond a reasonable doubt. See State v. Gay, 960 So. 2d 864, 867 (Fla. 2d DCA 2007). Instead, it must bring forward facts sufficient to show only the “ ‘barest prima facie case.’” State v. Dickerson, 811 So. 2d 744, 746 (Fla. 2d DCA 2002) (quoting State v. Hunwick, 446 So. 2d 214, 215 (Fla. 4th DCA 1984)). T…
• State v. Lucson Carry, 75 So. 3d 803 (Fla. 5th DCA 2011)
  …5] State v. Reese, 774 So. 2d 948, 949 (Fla. 5th DCA 2001). In considering such a motion, the state is entitled to the most favorable construction of the evidence and all inferences arising therefrom. Lebron, 954 So. 2d at 54; see also State v. Gay, 960 So. 2d 864, 867 (Fla. 2d DCA 2007); State v. Bonebright, 742 So. 2d 290, 291 (Fla. 1st DCA 1998). Significantly, the state is not obligated, as it would be to defeat a motion for judgment of acquittal, to produce evidence sufficient to sustain a conviction. S…