HAZEL E. WALLMAN BARTH, APPELLANT,
v.
FLORIDA STATE CONTRACTORS SERVICE, INC., APPELLEE
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PER CURIAM.
WHEREAS, the judgment of this court was entered in this cause on October 22, 1974 (302 So. 2d 476) affirming the judgment of the Circuit Court for Dade County, Florida, in the above styled cause; and
WHEREAS, on review of said judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed January 21, 1976, 327 So. 2d 13 and mandate now lodged in this court quashed this court’s judgment and remanded the cause;
NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on November 18, 1974 is withdrawn, this court’s judgment filed October 22, 1974 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the judgment of the circuit court is reversed and the cause is remanded for jury trial on appellant’s counterclaim. Costs allowed shall be taxed in the trial court (Rule 3.16b, F.A.R.).
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State v. Saunders, 339 So. 2d 641 (Fla. 1976)…ict Court of Appeal, Fourth District, reversed a conviction under Section 877.03, in a case in which the defendant repeatedly said to a police officer, “ ‘F_you.’ ” Phillips v. State, 314 So. 2d 619, 620 (Fla. 4th DCA 1975). See also Scott v. State, 330 So. 2d 220 (Fla. 4th DCA 1976). This Court declared Section 877.03 constitutional for the second time5 in Bradshaw v. State, 286 So. 2d 4 (Fla.1973). The decision in In re Fuller, supra, was distinguished on the ground that “although the words were similar, t…
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State v. Brayman, 49 Fla. Supp. 1 (Broward Cty. Ct. 1979)…S. 518 (1972), take the position — “. . . the mere possibility that a statute will ensnare protected as well as unprotected speech may be sufficient to invalidate the statute.” Florida courts have followed Gooding v. Wilson, and in Scott v. State, 330 So. 2d 220, reversed a conviction for resisting without violence because the sole violence was profanity. I think we may also state that the “fighting words” doctrine, while it may apply to the untrained citizen, should not apply to the trained and experience…
Authorities Cited
- Barth v. Fla. State Constructors Serv., Inc., 327 So. 2d 13 (Fla. 1976)
- Barth v. Fla. State Contractors Serv., Inc., 302 So. 2d 476 (Fla. 3d DCA 1974)