ALAN V. KIDWELL, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hair v. State, 428 So. 2d 760 (Fla. 3d DCA 1983)
  …efendant Hair did not act in concert with any party when the second rape was committed, we find that the jury instruction misled the jury and prejudiced Hair’s right to a fair trial. Itt-Nesbitt, Inc. v. Valle’s Steak House of Fort Lauderdale, Inc., 395 So. 2d 217 (Fla. 4th DCA 1981). One other point merits discussion. Despite evidence of jury misconduct which would otherwise have called for corrective action, the withdrawal by defendant of his motion for mistrial, coupled with his stipulation that the trial…
• Chevron U.S.A., Inc. v. Forbes, 783 So. 2d 1215 (Fla. 4th DCA 2001)
  …. 4th DCA 1992). See also Butler v. State, 493 So. 2d 451, 453 (Fla.l986)(erroneous instruction required reversal because “there exists a reasonable possibility that it contributed to the conviction”); ITT-Nesbitt, Inc. v. Valle’s Steak House, etc., 395 So. 2d 217, 220 (Fla. 4th DCA 1981) (“[t]he test regarding jury instructions is whether, under the particular facts of the case, the instructions misled the jury or prejudiced a party’s right to a fair trial”). During closing argument, counsel for ap-pellee u…
• Howell v. Winkle, 866 So. 2d 192 (Fla. 1st DCA 2004)
  …19-20 (Fla. 3d DCA 2001); City of Winter Haven v. Allen, 541 So. 2d 128, 137 (Fla. 2d DCA 1989); Ryan v. Atlantic Fertilizer & Chemical Co., 515 So. 2d 324, 327-28 (Fla. 3d DCA 1987); ITT-Nesbitt, Inc. v. Valle’s Steak House of Ft. Lauderdale, Inc., 395 So. 2d 217 (Fla. 4th DCA 1981). There were issues of fact in this case concerning whether Ms. Winkle exercised reasonable care as she proceeded down Monument Road. U.S. Fire Insurance Company v. Progressive Casualty Insurance Company, 362 So. 2d 414, 415 (Fla.…

Authorities Cited

• State v. Nova, 361 So. 2d 411 (Fla. 1978)