MAX J. RASHKIN AND EVELYN RASHKIN, HIS WIFE, APPELLANTS,
v.
DAVID C. PEARCE, APPELLEE

Fla. 4th DCA | 1978-07-26
No. 77-1198
DAUKSCH and BERANEK, JJ., and GREEN, OLIVER L., Associate Judge, concur.
360 So. 2d 1161 Florida District Court of Appeal, Fourth District (1978) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

REVERSED on authority of Frank v. Campbell Property Management, Inc., 351 So. 2d 364 (Fla.4th DCA 1977).

DAUKSCH and BERANEK, JJ., and GREEN, OLIVER L., Associate Judge, concur.


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    …ent. In March, 1977, the Rashkins again filed suit against Pearce for past due rent, milk royalties, utility and tax payments. Pearce filed a motion to dismiss, asserting res judi-cata. The motion was granted, but we reversed in Rashkin v. Pearce, 360 So. 2d 1161 (Fla. 4th DCA 1978). On remand, Pearce moved for summary judgment again asserting res judicata; and again, it was granted. Appellee Pearce maintains that the prior 1973 judgment encompassed the entire lease period because in the first suit the Ras…
  • State v. In the Interest of J. A., 384 So. 2d 1347 (Fla. 3d DCA 1980)
    …nd not with a violation of any other statute. It is clear that the allegations of the petition do not constitute a violation of law within the meaning of section 944.40, Florida Statutes. Earnest v. State, 351 So. 2d 957 (Fla.1977); Prince v. State, 360 So. 2d 1161 (Fla. 4th DCA 1978); In re F.G., 349 So. 2d 727 (Fla. 4th DCA 1977). The order appealed is affirmed. Affirmed. . § 944.40, Fla.Stat. (1977) provides: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county,…
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    …s to broaden the scope of section 944.40 to include persons detained at juvenile facilities. Prior to the enactment of chapter 78-414, § 17, escape from a juvenile detention facility did not constitute a violation of section 944.40. Prince v. State, 360 So. 2d 1161 (Fla. 4th DCA 1978); In the Interest of F.G., 349 So. 2d 727 (Fla. 4th DCA 1977). Arguably, therefore, the legislature was trying to amend section 944.40 to include juvenile detention center escapes when it enacted chapter 78 — 414, section 17. Howe…

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