STATE OF FLORIDA, APPELLANT,
v.
ANDREW JOSEPH, SR., AND CHRISTINE JOSEPH, APPELLEES

Fla. 4th DCA | 1972-11-17
No. 72-368
CROSS and OWEN, JJ., concur., MAGER, J., dissents, with opinion.
269 So. 2d 36 Florida District Court of Appeal, Fourth District (1972) Caution
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur.

MAGER, J., dissents, with opinion.

MAGER, Judge

(dissenting).

In my view, under the particular facts of this case, there was substantial compliance with F.S. Section 933.09, F.S.A. The narcotics paraphernalia and firearms were thus properly seized by the police officers and should not have been suppressed. Under the rationale of this court’s decisions in State v. Bell, Fla.App.1971, 249 So.2d 748, and State v. Clarke, Fla.App.1970, 242 So.2d 791, I would reverse and vacate the order of "the trial court and remand this cause for a trial on the merits.

Dissent
MAGER, Judge

MAGER, Judge

(dissenting).

In my view, under the particular facts of this case, there was substantial compliance with F.S. Section 933.09, F.S.A. The narcotics paraphernalia and firearms were thus properly seized by the police officers and should not have been suppressed. Under the rationale of this court’s decisions in State v. Bell, Fla.App.1971, 249 So. 2d 748, and State v. Clarke, Fla.App.1970, 242 So. 2d 791, I would reverse and vacate the order of "the trial court and remand this cause for a trial on the merits.


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  • Scandinavian World Cruises (bahamas) v. Cronin, 509 So. 2d 1277 (Fla. 3d DCA 1987)
    …as been influenced unduly by passion or prejudice.” Warner v. Ware, 136 Fla. 466, 477, 182 So. 605, 610 (1938). Subject to the above rule the amount of damages rests solely within the jury’s discretion. Potashnick-Badgett Dredging Inc. v. Whitfield, 269 So. 2d 36 (Fla. 4th DCA 1972); S.A. Freel Distributing Co. v. Lenox, 147 Fla. 550, 3 So. 2d 157 (1941). In the instant case, the jury was instructed in accordance with the applicable Florida Standard Jury Instructions that, if it found in favor of the plaint…
  • …orkmen’s Compensation Law. Similarly, Mr. Roberts was free to proceed in the manner he chose, notwithstanding the possibility of a claim for maintenance and cure under general admiralty principles. See Potashnick-Badgett Dredging, Inc. v. Whitfield, 269 So. 2d 36 (Fla. 4th DCA 1972). Accordingly, the petition for writ of cer-tiorari is denied. ADKINS, BOYD and ROBERTS (Retired), JJ., concur. ENGLAND, J., dissents with an opinion with which OVERTON, C. J., and SUND-BERG, J., concur. . This proposition is…
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  • Firestone Rubber Co. v. Parrish, 303 So. 2d 380 (Fla. 3d DCA 1974)
    …y, Fla.App.1970, 239 So. 2d 40; Bill Kelley Chevrolet, Inc. v. Kerr, Fla.App.1972, 258 So. 2d 280; Seaboard Coast Line Railroad Company v. McKelvey, Fla.App.1972, 259 So. 2d 777; Potashnick-Badgett Dredging, Incorporated v. Whitfield, Fla.App. 1972, 269 So. 2d 36; Nelson v. Ford Motor Company, 5th Cir. 1972, 469 F. 2d 261.…

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