JM FAMILY ENTERPRISES, INC., ET AL., APPELLANTS,

v.

WINTER PARK IMPORTS, INC., APPELLEE

Citator

Cited By

• T.D. v. State, 83 So. 3d 990 (Fla. 3d DCA 2012)
  …rove: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the defendant’s actions, by his words, conduct, or a combination thereof, constitute obstruction or resistance of the lawful execution of a legal duty. M.J. v. State, 67 So. 3d 1189, 1190 (Fla. 3d DCA 2011). The sole issue on appeal is whether the officer was engaged in the lawful execution of a legal duty when she arrested T.D. Because the record supports the existence of probable cause, the officer was engaged in the lawful…
• P.B. v. State, 95 So. 3d 944 (Fla. 3d DCA 2012)
  …tion under section 843.02, Florida Statutes (2009),1 the State must show: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that duty. See M.J. v. State, 67 So. 3d 1189, 1190 (Fla. 3d DCA 2011); N.H. v. State, 890 So. 2d 514, 516-17 (Fla. 3d DCA 2005); Jay v. State, 731 So. 2d 774 (Fla. 4th DCA 1999). Here, P.B. does not contest that Lassiter is an officer and that she resisted Lassiter. The issue before this Court…
• B.B. v. State (Fla. 3d DCA 2020)
  …at: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the defendant’s actions, by his words, conduct, or a combination thereof, constitute obstruction or resistance of the lawful execution of a legal duty.” M.J. v. State, 67 So. 3d 1189, 1190 (Fla. 3d DCA 2011); see also C.E.L. v. State, 24 So. 3d 1181, 1185-86 (Fla. 2009). “The element of lawful execution of a legal duty is satisfied if an officer has either a founded suspicion to stop the person or probable cause to make a warran…

Authorities Cited

• Winter Park Imports, Inc. v. JM Fam. Enters., 66 So. 3d 336 (Fla. 5th DCA 2011)