JAMES R. FRANKENBERRY, JR., PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (13 total)

• Anne E. Nance v. Winn Dixie Stores, Inc., 436 So. 2d 1075 (Fla. 3d DCA 1983)
  …1981); Winn-Dixie Stores, Inc. v. Guenther, 395 So. 2d 244 (Fla. 3d DCA 1981); Gaidymowicz v. Winn-Dixie Stores, Inc., 371 So. 2d 212 (Fla. 3d DCA 1979); Marlowe v. Food Fair Stores of Florida, Inc., 284 So. 2d 490 (Fla. 3d DCA 1973), cert. denied, 291 So. 2d 205 (Fla.1974); Food Fair Stores of Florida, Inc. v. Moroni, 113 So. 2d 275 (Fla. 2d DCA 1958), cert. denied, 115 So. 2d 414 (Fla.1959). It is equally well settled that a plaintiff may use evidence of the occurrence or non-occurrence of prior or subse…
• Westchester Exxon v. Marcelo Valdes and Maribel Valdes, 524 So. 2d 452 (Fla. 3d DCA 1988)
  …nstructive knowledge will be imputed if “the condition is one which has existed for sufficient length of time that the owner should have known of it.” Marlowe v. Food Fair Stores of Florida, Inc., 284 So. 2d 490, 492 (Fla.3d DCA 1973), cert. denied, 291 So. 2d 205 (Fla.1974). See Kolosky (evidence that three unsupervised children were observed running through grocery store aisles over thirty-to-forty-five-minute period sufficient to support finding that store had constructive knowledge of dangerous condition)…
• Mabrey v. Carnival Cruise Lines, Inc., 438 So. 2d 937 (Fla. 3d DCA 1983)
  …arlier pronouncement. This appeal follows. Plaintiffs claim that the trial court committed error in directing a verdict for defendant. We agree. In Marlowe v. Food Fair Stores of Florida, Inc., 284 So. 2d 490, 492 (Fla. 3d DCA 1973), cert. denied, 291 So. 2d 205 (Fla.1974), we held: The power to direct a verdict in a slip and fall case should be exercised with caution, and it should never be granted unless the evidence is of such a nature that under no view which the jury might lawfully take of it, favorab…