CRAIG DAVIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Roberts v. Albertson's Inc., 119 So. 3d 457 (Fla. 4th DCA 2012)
  …plaintiffs assertion that he should be allowed to seek an allocation based upon a “fair evaluation” of his injuries. The Third District also asserted that the First District agreed with that posi [*464] tion, citing Storey ex rel. Storey v. Hickcox, 44 So. 3d 600 (Fia. 1st DCA 2010) (per curiam affd, citing Russell). The Third District apparently ignored the footnote in Russell that it was expressing no view that the statutory formula for allocation could be displaced based on parole evidence. Tristani v. R…
• Nadia Garcon and Joshua D. Robinson v. Agency for Health Care Admin., 96 So. 3d 472 (Fla. 3d DCA 2012)
  …, 2010); Russell v. Agency far Health Care Admin., 23 So. 3d 1266 (Fla. 2d DCA 2010); Baby Angela ex rel. Elsass v. Bryson, No. 2D09-824, 2010 WL 655204 (Fla. 2d DCA Feb. 24, 2010) (per curiam affd, citing Russell); Storey ex rel. Storey v. Hickcox, 44 So. 3d 600 (Fla. 1st DCA 2010) (per curiam aff'd, citing Russell); Smith v. Agency for Health Care Admin., 24 So. 3d 590 (Fla. 5th DCA 2009). Moreover, as these authorities indicate, there is nothing in the Ahlborn case [*474] which is contrary to this positio…
• Kaitlyn Harrell v. State, 143 So. 3d 478 (Fla. 1st DCA 2014)
  …is, 130 So. 3d at 270. The Harrells urge that we fall in line with these decisions, which is warranted because our district’s jurisprudence is outdated in light of the change that Wos has wrought. As an example, in Storey ex rel. Storey v. Hickcox, 44 So. 3d 600 (Fla. 1st DCA 2010), we specifically relied upon Russell to affirm, in a per curiam decision, the trial court’s denial of a motion for equitable distribution. But Russell is no longer valid, the Second District forswearing its continued applicabilit…

Authorities Cited

• Campbell v. State, 29 So. 3d 1147 (Fla. 1st DCA 2010)
• Toliver v. State, 29 So. 3d 1147 (Fla. 1st DCA 2010)