DEXTER PRICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DEXTER PRICE, APPELLANT,
STATE OF FLORIDA, APPELLEE
105 So. 3d 629
Florida District Court of Appeal, Fifth District (2013)
Positive Treatment
Cited by 7 cases
Opinion of the Court
See United States v. Matlock, 415 U.S. 164, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974) (holding permission to search can be obtained from third party who possessed common authority over or other sufficient relationship to premises or effects sought to be inspected; common authority does not rest on property interest, but rather on mutual use of property by persons generally having joint access or control for most purposes).
AFFIRMED.
ORFINGER, C.J., SAWAYAand COHEN, JJ., concur.
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Chalunda Boston v. Publix Super Mkts., Inc., 112 So. 3d 654 (Fla. 4th DCA 2013)…er so as to prevent the employee from exercising informed judgment about whether to perform the work. § 440.11(l)(b)2., Fla. Stat. In two recent cases we have extensively discussed the immunity afforded by this statute. See Gorham v. Zachry Indus., 105 So. 3d 629 (Fla. 4th DCA 2013), and List Indus. v. Dalien, 107 So. 3d 470 (Fla. 4th DCA 2013). We noted in both cases that the statute adopts a “virtual certainty” standard for an exception to immunity, requiring that the employer’s conduct be virtually certai…
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R.L. Haines Constr., LLC. v. Santamaria, 161 So. 3d 528 (Fla. 5th DCA 2014)…g so “stringent” as to make the issue often amenable to disposition by summary judgment.4 Id. at 473. [*532] Other cases have also characterized the virtually certain standard as extremely difficult to overcome. In Gorham v. Zachry Industrial, Inc., 105 So. 3d 629, 634 (Fla. 4th DCA 2013), the Fourth District observed that the Legislature, “adopted an extremely strict exception which, we suspect, few employees can meet. To date, we have not found, nor has a case been cited to us, where an employer has lost it…1 / 2
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- United States v. Matlock, 415 U.S. 164 (U.S. 1974)