WILLIE J. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE J. WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
301 So. 2d 828
Florida District Court of Appeal, First District (1974)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant urges that his conviction and sentence should be reversed, primarily on authority of Raines v. State, Sup.Ct.Fla. 1953, 65 So. 2d 558. We have carefully examined the facts as revealed by the record and in light of that case and find that the facts here are clearly distinguishable. Having carefully examined the record and the briefs and finding that appellant has failed to demonstrate reversible error, the judgment and sentence appealed are
Affirmed.
RAWLS, C. J., and BOYER and Mc-CORD, JJ., concur.
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Donner v. Arkwright-Boston Mfrs. Mut. Ins. Co., 358 So. 2d 21 (Fla. 1978)…ntributory negligence. The latter doctrine it is argued is not applicable to dog bite cases where the action is not grounded in negligence; rather, the owner of a dog acts as a virtual insurer with regard to injuries caused by his dog. Sand v. Gold, 301 So. 2d 828 (Fla. 3d DCA 1974); cert. denied 312 So. 2d 752 (Fla.1975); Vandercar v. David, 96 So. 2d 227 (Fla. 3d DCA 1957). We agree with petitioner that the jury should not have been instructed separately on assumption of risk but should have been charged so…
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Harris v. Moriconi, 331 So. 2d 353 (Fla. 1st DCA 1976)…ed) The lack of due diligence or care. . In the legal sense, a violation of the duty to use care. . . . ” Please see also numerous case cites in Words and Phrases, Volume 6, West Publishing Co., carelessness. . See Sand v. Gold, Fla.App. 3rd 1974, 301 So. 2d 828. . By their third point, appellants urge that the trial court prejudicially erred in allowing evidence as to the family relationship between the appellants and appellee Morieoni.…
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Paskel v. Higgins, 337 So. 2d 416 (Fla. 4th DCA 1976)…R., Associate Judge. The defendant-dog owner appeals from a partial summary judgment on the issue of liability entered against him in a dog-bite case brought under the provisions of Fla. Stat., Sec. 767.04. While, on the authority of Sand v. Gold, 301 So. 2d 828 (3 DCA Fla.1974), cert. den., 312 So. 2d 752 (Fla.1975), we hold that the 6-year-old plaintiff was conclusively shown not to have “mischievously . . . provoke[d] or aggravate[d] . . . ” the dog in question, we have concluded that plaintiffs-appellee…
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- Raines v. State, 65 So. 2d 558 (Fla. 1953)