BRETTI

v.

TURNER

Citator

Cited By

• Chaplin v. State, 622 So. 2d 165 (Fla. 2d DCA 1993)
  …amended the information, over defense objection, by deleting from the jury instructions the language that Mr. Chaplin had solicited the child to touch his exposed penis. See John [*166] son v. State, 190 So. 2d 811 (Fla. 4th DCA 1966), cert. denied, 196 So. 2d 926 (Fla.1967). In Telfare v. State, 529 So. 2d 1278, 1280 (Fla. 2d 1988), we held that “[w]here a statute provides a penalty for acts in the disjunctive and the indictment alleged the acts in the conjunctive, proof of one act will suffice,” citing Boo…
• Martin v. E. Airlines, Inc., 630 So. 2d 1206 (Fla. 4th DCA 1994)
  …ida Industrial Construction Co., 310 So. 2d 326, 327 (Fla. 2nd DCA 1975) (stating that an affirmative defense must be raised by pleading rather than by motion to dismiss); and Staples v. Battist% 191 So. 2d 583, 585 (Fla. 3rd DCA 1966), cert. denied 196 So. 2d 926 (1967) (holding that it was reversible error to grant a motion to dismiss based on affirmative defenses that should be pled in the answer to the complaint, and may not be asserted as grounds for motion to dismiss even though availability may appear…
• Carson v. Gibson, 595 So. 2d 175 (Fla. 2d DCA 1992)
  …the same court but outside the record in the case before it. Kostecos v. Johnson, 85 So. 2d 594 (Fla.1956); Bergeron Land Development, Inc. v. Knight, 307 So. 2d 240 (Fla. 4th DCA 1975); Novack v. Novack, 196 So. 2d 499 (Fla. 3rd DCA), cert. denied, 196 So. 2d 926 (Fla.1967). The record on appeal shows that appellee attached to his motion for summary judgment an affidavit comparing quotes from portions of the charging lien proceeding with those from the instant case. Copies, not certified, of the amended pret…

Authorities Cited

• Miss Dorissa, Inc. v. Stein-Tex, Inc., 190 So. 2d 73 (Fla. 3d DCA 1966)