MILLER

v.

STATE

Citator

Cited By

• Game & Fresh Water Fish Comm'n v. Smith, Sr., 407 So. 2d 189 (Fla. 1981)
  …t. To the extent that Carmazi v. Board of County Commissioners, 108 So. 2d 318 (Fla.3d DCA 1959), conflicts with our decision in the instant case, it is disapproved. We find Moore v. State Road Department, 171 So. 2d 25 (Fla.1st DCA), cert. denied, 177 So. 2d 475 (Fla.1965), is distinguishable upon its facts since there was no denial of the property owners’ reasonable access to either their property or to any navigable waters; what was impaired was the access of deep sea ships to the property in question. I…
• Benny Richard Ellis and Lena Elizabeth Ellis v. State, 528 So. 2d 1327 (Fla. 5th DCA 1988)
  …instruction on joint occupancy was encompassed by the standard jury instruction given by the trial court. On the sufficiency issue, Ellis relies on the following conclusion from Miller v. State, 170 So. 2d 319, 321 (Fla. 2d DCA 1964), cert. denied, 177 So. 2d 475 (Fla.1965). Doris Miller’s conviction, resting on nothing more than occupancy of the premises with her husband and children, must be reversed. The mere facts of the conjugal relationship and the joint occupancy of premises consistent with that rela…
• BPS Guard Servs., Inc. v. Gulf Power Co., 488 So. 2d 638 (Fla. 1st DCA 1986)
  …ion of the pleadings and record leads us to the conclusion that the “affirmative defenses” raised by appellant are not in the form of a confession and avoidance, Tropical Exterminators, Inc. v. Murray, 171 So. 2d 432 (Fla.2d DCA 1965), cert. denied, 177 So. 2d 475 (Fla.1965), but are mere denials. The remaining issues do not warrant discussion and are affirmed. The final summary judgment is reversed and this case is remanded to the trial court for further proceedings. SHIVERS and THOMPSON, JJ., concur. . 2…

Authorities Cited

• Amos H. Miller and Doris Miller v. State, 170 So. 2d 319 (Fla. 2d DCA 1964)