STEPHEN V. KELLY AND SHIRLEY KELLY, APPELLANTS,

v.

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF CLEARWATER, N/K/A FORTUNE FEDERAL SAVINGS AND LOAN ASSOCIATION, APPELLEE; CHARLES D. BOLDIN AND DIANA DEE SIMMONS, APPELLANTS, V. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF CLEARWATER, N/K/A FORTUNE FEDERAL SAVINGS AND LOAN ASSOCIATION, APPELLEE

Citator

Cited By

• D.A. v. State, 471 So. 2d 147 (Fla. 3d DCA 1985)
  …ees, playing in bushes, and running through woods and fields were not unusual activities for a 13-year-old boy; plainly, the juvenile was skipping school and his activity in no way pointed toward immediate, future criminal conduct. In L.S. v. State, 449 So. 2d 1305 (Fla.3d DCA 1984), this court, citing O. W., supra, reached a similar result where the juvenile, a 14-year-old boy, was observed crouching in the bushes near an expressway exit. A loitering and prowling adjudication was reversed on the basis that su…
• V.E. v. State, 539 So. 2d 1170 (Fla. 3d DCA 1989)
  …f a substantive criminal act_ The statute is forward-looking rather than backward-looking in nature.” Id. at 151. Here, the state did not establish beyond a reasonable doubt that V.E. was about to attempt to commit a criminal act. See L.S. v. State, 449 So. 2d 1305 (Fla. 3d DCA 1984); V.S. v. State, 446 So. 2d 232 (Fla. 3d DCA 1984); In Interest of O.W., 423 So. 2d 1029 (Fla. 4th DCA 1982). Neither did the state establish that the facts supported the second element necessary to convict the juvenile of loiteri…
• S.P. v. State, 833 So. 2d 267 (Fla. 3d DCA 2002)
  …t. 455, 46 L.Ed.2d 391 (1975); Gonzalez v. State, 828 So. 2d 496 (Fla. 3d DCA 2002); T.W. v. State, 675 So. 2d 1018 (Fla. 2d DCA 1996); L.C. v. State, 516 So. 2d 95 (Fla. 3d DCA 1987); D.A. v. State, 471 So. 2d 147 (Fla. 3d DCA 1985); L.S. v. State, 449 So. 2d 1305 (Fla. 3d DCA 1984). Simply stated, his actions, perhaps even more clearly than in such cases as D.A. and L.S., did not amount either (a) to “aberrant and suspicious criminal conduct which comes close to, but falls short of, the actual commission or…

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Authorities Cited

• Stockman v. Burke, 305 So. 2d 89 (Fla. 2d DCA 1974)