DIANE D. LESLIE, APPELLANT,
v.
ELI Y. LESLIE, APPELLEE
PER CURIAM.
Affirmed.
HUBBART, Judge
(concurring in part; dissenting in part).
I concur in the court’s decision to affirm the final judgment on the main appeal. I dissent, however, from the court’s decision on the cross-appeal to affirm that portion of the final judgment [i.e., paragraph 3] which determines the method by which the husband’s special equity in the marital residence should be satisfied. Duncan v. Duncan, 379 So. 2d 949, 952 (Fla.1980); Starcher v. Starcher, 391 So. 2d 340, 341 (Fla. 4th DCA 1980); Leonard v. Leonard, 389 So. 2d 256, 258 (Fla. 3d DCA 1980), pet. for rev. den., 399 So. 2d 1144 (Fla.1981); see also Rutkin v. Rutkin, 345 So. 2d 400, 401 (Fla. 3d DCA 1977), and cases collected therein.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Maya, 529 So. 2d 1282 (Fla. 3d DCA 1988)…two-pronged test in which the informant’s individual reliability and a showing of the basis of his knowledge were said to be prerequisites to reliance upon his information. But see State v. Rizo, 463 So. 2d 1165 (Fla. 3d DCA 1984); Terrell v. State, 429 So. 2d 778 (Fla. 3d DCA 1983) (informant’s reliability and knowledge remain important factors in assessing probable cause). Instead, the “totality of the circumstances” test, see Skelton, 349 So. 2d at 194, under which all the pertinent factors must be taken i…
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State v. Rizo, 463 So. 2d 1165 (Fla. 3d DCA 1984)…o conduct a custodial interrogation without probable cause. Royer. Thus, the photo obtained during the unlawful detention is inadmissible on that ground, Davis v. Mississippi, 394 U.S. 721, 89 S.Ct. 1394, 22 L.Ed.2d 676 (1969); see Terrell v. State, 429 So. 2d 778 (Fla. 3d DCA 1983); J.R.H. v. State, 428 So. 2d 786 (Fla. 2d DCA 1983); Pirri v. State, 428 So. 2d 285 (Fla. 4th DCA), review denied, 438 So. 2d 834 (Fla.1983), without consideration of the taint arising from the initial unlawful stop. Wong Sun; Lew…
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State v. Hewitt, 495 So. 2d 809 (Fla. 1st DCA 1986)…based upon double hersay [sic], as distinguished from founded suspicion to detain. Sagonias v. State, 89 So. 2d 252 (Fla., 1956) also dealt with the inability to support a warrantless search of a vehicle based on double hearsay. Terrell v. State, 429 So. 2d 778 (Fla. 3 DCA, 1983) gives no details of the officer’s independent observations, so it is assumed that relying solely on the tip, he made the warrantless arrest. Second Issue The search was warrantless which is a violation per se of the Fourth Amend…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Duncan v. Duncan, 379 So. 2d 949 (Fla. 1980)
- Stenocomp, Inc. v. Automated Word Processing, Inc., 345 So. 2d 400 (Fla. 3d DCA 1977)
- Leonard v. Leonard, 389 So. 2d 256 (Fla. 3d DCA 1980)
- Starcher v. Starcher, 391 So. 2d 340 (Fla. 4th DCA 1980)