JAMES W. SMITH ET UX., PETITIONERS,

v.

ROBERT H. PIERCE, ETC., ET AL., RESPONDENTS

Citator

Cited By (15 total)

• Hendry Tractor Co. v. Fernandez, 432 So. 2d 1315 (Fla. 1983)
  …costs follow the outcome of the litigation and we are not here confronted with a situation warranting departure from such principle. Schwartz v. Zaconick, 74 So. 2d 108 (Fla.1954); Spicuglia v. Green, 302 So. 2d 772 (Fla. 2d DCA 1974), cert. denied, 315 So. 2d 193 (Fla.1975); Jordon v. Reynolds, 154 So. 2d 200 (Fla. 3d DCA 1963). The Fernandezes are clearly the parties recovering judgment and should be awarded costs. As we have stated above, section 57.-041(1), Florida Statutes (1979), is entitled “Costs; re…
• Erie Ins. Co. & Margaret Borman v. Bushy, 394 So. 2d 228 (Fla. 5th DCA 1981)
  …tell in this case whether part of the damages award was “punitive,” and the product of counsel’s wrongful request for punitive damages in a case where there was no basis for them. See Pierce v. Smith, 301 So. 2d 805 (Fla. 2d DCA 1974), cert. denied, 315 So. 2d 193 (1975). Further, counsel for Bushy has offered us no basis or explanation for his [*230] remarks, and we conclude he agrees they were unjustifiable. We reject appellant’s second point on appeal that it is entitled to a “set-off” of $5,000.00 becaus…
• Ruiz v. State, 388 So. 2d 610 (Fla. 3d DCA 1980)
  …nfession into evidence. We agree with this contention, thus rendering it unnecessary to consider Ruiz’s claim that, even with the confession, the evidence is insufficient. See, McQueen v. State, 304 So. 2d 501, 502 (Fla. 4th DCA 1974), cert. denied, 315 So. 2d 193 (Fla.1975). It is apodictic that, when a confession is relied upon to satisfy the state’s burden of proof to establish the defendant’s guilt, there must be either direct or circumstantial evidence-apart from the confession - of the so-called corpus…

Authorities Cited

• Pierce v. Smith, 301 So. 2d 805 (Fla. 2d DCA 1974)