ALLSTATE INSURANCE COMPANY, APPELLANT,
v.
BARBARA J. CZARNECKI AND CHESTER J. CZARNECKI, APPELLEES

Fla. 4th DCA | 1978-12-27
No. 77-2367
DAUKSCH, MOORE and BERANEK, JJ., concur.
365 So. 2d 1055 Florida District Court of Appeal, Fourth District (1978) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The summary judgment in favor of appellees is reversed on the authority of Dewberry v. Auto-Owners Insurance Company, 363 So. 1077 (Fla.1978).

REVERSED and REMANDED.

DAUKSCH, MOORE and BERANEK, JJ., concur.


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  • COX v. State, 394 So. 2d 237 (Fla. 1st DCA 1981)
    …convicted as a principal in the first degree for aiding and abetting under Section 777.011, Florida Statutes (1979). Before an accused may be convicted as an aider and abettor, his intent to participate in the crime must be proven. Fisher v. State, 365 So. 2d 1055 (Fla. 4th DCA 1978); Shockley v. State, 338 So. 2d 33 (Fla. 3rd DCA 1976). The record does not contain any evidence of the appellant’s intent to participate in the crime. The judgment is reversed. MILLS, C. J., and ROBERT P. SMITH, J., concur. .…
  • In the Interest of C. D. S. v. State, 397 So. 2d 407 (Fla. 5th DCA 1981)
    …convicted as a principal in the first degree as an aider and abettor, his intent to participate in the crime must be established. Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980); J. H. v. State, 370 So. 2d 1219 (Fla. 3d DCA 1979); Fisher v. State, 365 So. 2d 1055 (Fla. 4th DCA 1978). A defendant does not have to intend to participate in the crime committed. Beasley v. State, 360 So. 2d 1275 (Fla. 4th DCA 1978). Rather, he must only have some criminal intent. Davis v. State, 275 So. 2d 575 (Fla. 1st DCA 1973)…
  • Horton v. State, 442 So. 2d 1064 (Fla. 1st DCA 1983)
    …stant case rests solely upon circumstantial evidence, the proof must be not only consistent with guilt but inconsistent with any other reasonable hypothesis. Cox v. State, supra; Tillman v. State, 353 So. 2d 948 (Fla. 1st DCA 1978); Fisher v. State, 365 So. 2d 1055 (Fla. 4th DCA 1978); Lockett v. State, 262 So. 2d 253 (Fla. 4th DCA 1972); Pack v. State, 381 So. 2d 1199 (Fla. 2nd DCA 1980). The circumstantial evidence upon which the State necessarily relies fails to exclude reasonable hypotheses of innocence a…

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