MICHAEL ZENCHAK, PETITIONER,
v.
RYDER TRUCK RENTALS, INC., A FLORIDA CORPORATION, RESPONDENT
Upon consideration of petition for rehearing filed by petitioner we conclude that the opinion of the court filed herein on March 25, 1964, should be withdrawn and the cause disposed of as follows:
The petition for writ of certiorari reflected apparent jurisdiction in this court. We issued the writ and have heard arguments of counsel. After hearing arguments and upon further consideration of the matter, we find that the petition is without merit, and that the writ was improvidently issued and should be discharged and the petition dismissed.
It is so ordered.
DREW, C. J., and THOMAS, O’CON-NELL, CALDWELL and HOBSON (Ret.), JJ., concur.
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Cochran v. State, 547 So. 2d 928 (Fla. 1989)…stently have reversed [*937] criminal convictions in circumstantial evidence cases when the evidence failed as a matter of law to negate the defendant’s exonerating trial testimony or statements to the police. Jaramillo; McArthur; Driggers v. State, 164 So. 2d 200 (Fla.1964); Mayo v. State, 71 So. 2d 899 (Fla.1954); Riley v. State, 40 So. 2d 774 (Fla.1949); Kelly v. State, 99 Fla. 387, 126 So. 366 (1930); Metrie v. State, 98 Fla. 1228, 125 So. 352 (1930); Davis v. State, 90 Fla. 816, 107 So. 245 (1925); Holto…
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State v. Roby, 246 So. 2d 566 (Fla. 1971)…in the realm of speculation and suspicion which, however strong, is never' sufficient to nullify a reasonable doubt and support a criminal conviction. The burden of proof of connecting the death to Roby’s pistol was not met. Driggers v. State, Fla., 164 So. 2d 200; Davis v. State, Fla., 90 So. 2d 629. The authorities cited by respondent, including Land v. State, Fla., 156 So. 2d 8; Coachman v. State, Fla.App., 114 So. 2d 189; Hopper v. State, Fla., 54 So. 2d 165; Tongay v. State, Fla., 79 So. 2d 673; and Bel…
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Dunn v. State, 454 So. 2d 641 (Fla. 5th DCA 1984)…was a question of fact for the jury and that the jury was required to consider and draw inferences from the circumstantial evidence in order to determine the truth. . Defendant cites McArthur v. State, 351 So. 2d 972 (Fla.1977); Driggers v. State, 164 So. 2d 200 (Fla.1964); Davis v. State, 90 So. 2d 629 (Fla.1956); Mayo v. State, 71 So. 2d 899 (Fla.1954); Diaz v. State, 387 So. 2d 978 (Fla. 3d DCA 1980), pet. den., 397 So. 2d 779 (Fla.1981); Ferguson v. State, 379 So. 2d 163 (Fla. 3d DCA 1980); Wright v. St…
Previewing 3 of 28 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Zenchak v. Ryder Truck Rentals, Inc., 150 So. 2d 727 (Fla. 3d DCA 1963)