AUGUSTINE DEGENNARO, APPELLANT,
v.
SHELBY MUTUAL INSURANCE COMPANY, A CORPORATION, APPELLEE

Fla. 4th DCA | 1969-02-28
No. 2196
WALDEN, C. J., and McCAIN and OWEN, JJ., concur.
219 So. 2d 447 Florida District Court of Appeal, Fourth District (1969) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See DeGennaro v. Miller Trailers, Inc., Third District Court of Appeal, 217 So.2d 128, opinion filed January 7, 1969.

WALDEN, C. J., and McCAIN and OWEN, JJ., concur.


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  • Odessa D. Taylor v. State, 319 So. 2d 114 (Fla. 2d DCA 1975)
    …the wrong rule of law to admitted facts. Mathews v. Metropolitan Life Insurance Company, Fla. 1956, 89 So. 2d 641; State v. Staley, Fla.App.2d 1957, 97 So. 2d 147; Zediker v. State, Fla.App.3d 1969, 218 So. 2d 464; Mangone v. State, Fla.App.3d 1969, 219 So. 2d 447; Coffman v. State, Fla.App.4th 1974, 292 So. 2d 608. Even where drugs are found on premises in joint possession, the proof must establish both the accused’s knowledge of the presence of the drug and his ability to maintain control over it or reduce…
  • Anderson v. State, 255 So. 2d 550 (Fla. 2d DCA 1971)
    …955), 83 So. 2d 687; Alderman v. State (Fla.App.1964), 167 So. 2d 635; and Holliday v. State (Fla.App.1958), 104 So. 2d 137. See, also, Swindle v. State, Fla.App., 254 So. 2d 811. Opinion filed November 12, 1971; and Mangone v. State (Fla.App.1969), 219 So. 2d 447. As to cases wherein the defendant was requesting the lesser charge, see, e. g., Rafuse v. State, n. 5, supra. There it was undisputed that the evidence fully supported, at the very least, the lowest offense actually charged upon, thereby obviating…
  • Smith v. State, 233 So. 2d 870 (Fla. 4th DCA 1970)
    …itioner. CROSS, C. J., concurs. WALDEN, J., dissents, with opinion. . Robinson v. State, Fla.1961, 132 So. 2d 3; Johnson v. State, Fla.App.1969, 226 So. 2d 884. . Brown v. State, Fla.1968, 206 So. 2d 377. See also Mangone v. State, Fla.App.1969, 219 So. 2d 447; and Johnson v. State, Fla.App.1969, 226 So. 2d 884. . 3 Fla.Jur., Assault and Battery, § 3. . Section 782.04(1), F.S.1967, F.S.A.…

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