THOMAS DEMOGENES AND SUSAN DEMOGENES, APPELLANTS,
v.
ANDALUSIA HOMES, INC., APPELLEE
THOMAS DEMOGENES AND SUSAN DEMOGENES, APPELLANTS,
ANDALUSIA HOMES, INC., APPELLEE
974 So. 2d 614
Florida District Court of Appeal, Second District (2008)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This is an appeal from an order compelling arbitration. The appellee has conceded error and acknowledged it waived arbitration by actively participating in the litigation. Accordingly, we reverse the order compelling arbitration and remand for further proceedings consistent with this opinion.
Reversed and remanded.
ALTENBERND, KÍCLLY, and WALLACE, JJ., Concur.
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Romaine Nugent v. State, 45 So. 3d 528 (Fla. 4th DCA 2010)…the evidence did not prove the elements of the crime. Two of Nugent’s outbursts to the officers occurred while Nugent was in handcuffs and amounted to statements of what he would do to the officers if he weren’t in handcuffs. In Kositsky v. State, 974 So. 2d 614 (Fla. 4th DCA 2008), we held that a threat, directed to an officer, of what the accused would do if his handcuffs were removed did not constitute the crime of corruption by threat. We noted, “The threat to slit the officer’s throat ‘if the cuffs wer…
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P.B. v. State, 95 So. 3d 944 (Fla. 3d DCA 2012)…o. 2d 1195, 1201 (Fla. 3d DCA 2007). Here, P.B.’s threat was clearly an attempt to cause Lassiter to rescind his decision to arrest and/or detain her and to transport her to the police station. We conclude that P.B.’s reliance on Kositsky v. State, 974 So. 2d 614 (Fla. 4th DCA 2008), is misplaced. In Kositsky, after the defendant was arrested for DUI, he told the arresting officer that “he would slit his throat if the cuffs were removed.” Id. at 616. In dicta, the Fourth District stated that “[t]he result wo…