MIAMI BAPTIST ASSOCIATION, INC., A NONPROFIT FLORIDA CORPORATION, AND FIRST BAPTIST CHURCH OF SOUTH MIAMI (INCORPORATED), A NONPROFIT FLORIDA CORPORATION, APPELLANTS,

v.

COCONUT GROVE BAPTIST CHURCH, INC., A FLORIDA CORPORATION, APPELLEE

Citator

Cited By

• State v. Kalogeropolous, 758 So. 2d 110 (Fla. 2000)
  …WELLS, J. We have for review State v. Kalogeropoulos, 735 So. 2d 507 (Fla. 4th DCA 1999), which certified conflict with the opinion in Branciforte v. State, 678 So. 2d 426 (Fla. 2d DCA 1996), and State v. Blanco, 432 So. 2d 633 (Fla. 3d DCA 1983). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed, we approve the decision of the Fourth District Court of Appeal. Respondent Chris Kalogeropoulos was a defendant in a vehicular homicide case. Respon…
• State v. Ferris Michele Paleveda, 745 So. 2d 1026 (Fla. 2d DCA 1999)
  …la. 2d DCA 1990); State v. Higgins, 437 So. 2d 180 (Fla. 4th DCA 1983); State v. Alford, 395 So. 2d 201 (Fla. 4th DCA 1981). If the facts alleged in the motion establish a pri-ma facie case, the motion to dismiss must be denied. See State v. Blanco, 432 So. 2d 633, 634 (Fla. 3d DCA 1983)(citing State v. Upton, 392 So. 2d 1013, 1015 (Fla. 5th DCA 1981)). When considering a defendant’s rule 3.190(c)(4) motion to dismiss, all questions and inferences from the facts must be resolved in favor of the State. Boler…
• Branciforte v. State, 678 So. 2d 426 (Fla. 2d DCA 1996)
  …cts as presented in the defendant’s sworn motion to dismiss are the only facts upon which the state would rely during the state’s case in chief.” A traverse making the identical statement was found legally sufficient by the court in State v. Blanco, 432 So. 2d 633 (Fla. 3d DCA 1983). The Blanco court observed that, given this traverse, the trial court did not have before it all the material undisputed facts in the case and, accordingly, had no basis to conclude, as it did, that the material undisputed facts o…

Authorities Cited

• Clearwater Citrus Growers' Ass'n v. Andrews, 81 Fla. 299 (Fla. 1921)