CECIL HUNTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CECIL HUNTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
364 So. 2d 15
Florida District Court of Appeal, First District (1978)
Negative Treatment
Cited by 25 cases
Opinion of the Court
PER CURIAM.
Appellant, convicted for battery of a law enforcement officer contrary to Section 784.07, Florida Statutes (Supp.1976), asserts the evidence was insufficient to support the judgment urging that a county correctional officer and/or jailor is not a “law enforcement officer” within the meaning of Section 784.07.
This issue is not properly before us since the issue was not presented to the trial court by a motion for judgment of acquittal or otherwise. G.W.B. v. State, 340 So. 2d 969 (Fla. 1st DCA 1977). Therefore, the judgment and sentence are AFFIRMED.
McCORD, C. J., and BOYER and MILLS, JJ., concur.
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Citator
Cited By (25 total)
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Nolan Hurt and Florence Hurt v. Leatherby Ins. Co., 380 So. 2d 432 (Fla. 1980)…used in the release is the best evidence of the parties’ intent. When that language is clear and unambiguous, the courts cannot indulge in construction or interpretation of its plain meaning. Boat Town USA v. Mercury Marine Div. of Brunswick Corp., 364 So. 2d 15 (Fla.4th DCA 1978). Respondent argues that the instant general release is clear and unambiguous on its face and must be given effect as such. The district court agreed and also stated that had plaintiff intended to limit the release to the named par…
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Politis v. Gen. Hotel & Rest. Supply Corp., 386 So. 2d 1220 (Fla. 3d DCA 1980)…PER CURIAM. Affirmed. Strawgate v. Turner, 339 So. 2d 1112 (Fla.1976), and Boat Town U.S.A., Inc. v. Mercury Marine Division of Brunswick Corp., 364 So. 2d 15 (Fla. 4th DCA 1978).…
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Emergency Assocs. OF Tampa, P.A. v. Joseph A. Sassano, D.O., 664 So. 2d 1000 (Fla. 2d DCA 1995)…owever, before a trial court can consider such extrinsic evidence in interpreting a contract, the words used must be unclear such that an ambiguity exists on the face of the contract. Boat Town U.S.A., Inc. v. Mercury Marine Div. of Brunswick Corp., 364 So. 2d 15 (Fla. 4th DCA 1978). A further limitation on the receipt of parol evidence to explain ambiguous contractual language is that the ambiguity must be latent as opposed to patent. A patent ambiguity is one which appears on the face of a contract and ar…
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- G. W. B. v. State, 340 So. 2d 969 (Fla. 1st DCA 1976)