JOHN EDWARD JOYNER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1976-01-07
No. 46589
ADKINS, C. J., and ROBERTS, BOYD, OVERTON and ENGLAND, JJ., concur.
325 So. 2d 404 Florida Supreme Court (1976) Caution
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Certiorari was granted in this cause because of apparent conflict between the instant decision of the District Court of Appeal, First District, 303 So. 2d 60, and the decision of the District Court of Appeal, Fourth District, in Laiser v. State, 299 So. 2d 39 (Fla.App. 4th 1974). Since the granting of this writ, the District Court’s decision in Laiser, supra, has been quashed by this Court in State v. Laiser, 322 So. 2d 490 (Fla.1975).

Accordingly, conflict having been dispelled, the writ heretofore issued is discharged.

It is so ordered.

ADKINS, C. J., and ROBERTS, BOYD, OVERTON and ENGLAND, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Hamilton, 660 So. 2d 1038 (Fla. 1995)
    …separated from other lands by a fence, nor does the intersection of a divisional fence necessarily affect the relation of a building thus separated from it. Joyner v. State, 303 So. 2d 60, 63 (Fla. 1st DCA 1974) (emphasis added), cert. discharged, 325 So. 2d 404 (Fla.1976). The Joyner court held that the parking area of an apartment house was part of the apartment house’s curtilage for purposes of executing a search warrant of an apartment and the cur-tilage thereof. Id. at 64; cf. Menendez v. State, 521 So…
  • Menendez v. State, 521 So. 2d 210 (Fla. 1st DCA 1988)
    …curtilage. The operative search warrant authorized the search of the motel room and “any and all person(s) and/or vehicles located on the curtilage.” Under this court’s ruling in Joyner v. State, 303 So. 2d 60 (Fla. 1st DCA 1974), cert. discharged, 325 So. 2d 404 (Fla.1976), as applied to the facts of this case, where the appellant drove the car into the motel parking lot and was seen entering the motel from the car, we find the car parked in the motel parking lot was within the motel room’s curtilage. We af…
  • State v. Haugee, 402 So. 2d 1216 (Fla. 5th DCA 1981)
    …ld that evidence obtained by the search of automobiles or vehicles under such circumstances is admissible to prove the offense with which the defendant is charged. Id. at 309. In Joyner v. State, 303 So. 2d 60 (Fla. 1st DCA 1974), cert. dismissed, 325 So. 2d 404 (Fla.1976), it was held that information that contraband was “at” a certain described dwelling authorized the search warrant for the dwelling and the curtilage thereof. Neither the affidavit nor the warrant referred to any automobile and the dwellin…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw