SENTRY INSURANCE A MUTUAL COMPANY, A FOREIGN CORPORATION, APPELLANT/CROSS-APPELLEE,
v.
THOMAS CZINNER AND NANCY CZINNER, HIS WIFE, APPELLEES/CROSS-APPELLANTS
SENTRY INSURANCE A MUTUAL COMPANY, A FOREIGN CORPORATION, APPELLANT/CROSS-APPELLEE,
THOMAS CZINNER AND NANCY CZINNER, HIS WIFE, APPELLEES/CROSS-APPELLANTS
483 So. 2d 500
Florida District Court of Appeal, Third District (1986)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the appeal and cross-appeal, we affirm the Final Judgment and post-trial orders. Appellant failed to demonstrate the existence of evident partiality on the part of the neutral arbitrator. § 682.13, Fla.Stat. (1983). Under these circumstances, we decline to apply Gaines Construction Co. v. Carol City Utilities, Inc., 164 So. 2d 270 (Fla. 3d DCA 1964), aff'd, 180 So. 2d 213 (Fla.1965).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Kehoe v. State, 521 So. 2d 1094 (Fla. 1988)…y a stop on some obscure traffic violation. As pointed out above, the district court held the instant detention justified because of the traffic violation and denied Kehoe’s pretextual stop argument. The court expressly relied upon State v. Ogburn, 483 So. 2d 500 (Fla. 3d DCA 1986). In that case police officers suspected Ogbum’s car was stolen. When they witnessed him illegally crossing double yellow lines on the highway, they pulled him over and discovered cocaine in the car under the driver’s seat. The cou…
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Hansbrough v. State, 509 So. 2d 1081 (Fla. 1987)…erred. We disagree. “A lawful investigatory stop for a traffic violation is not invalidated by the fact that an officer would not have stopped a defendant but for the suspicion that the defendant was involved in criminal activity.” State v. Ogburn, 483 So. 2d 500, 501 (Fla. 3d DCA 1986). Moreover, stopping a person suspected of further criminal activity for a minor traffic infraction for which any citizen could be stopped is not an unlawful pretext stop. Bascoy v. State, 424 So. 2d 80 (Fla. 3d DCA 1982). The…
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State v. Kehoe, 498 So. 2d 560 (Fla. 4th DCA 1986)…inely been stopped, that the officer ‘possibly’ would not have stopped defendants but for further suspicion that they were also engaged in criminal activity did not render it an unlawful ‘pretext’ stop.” Id. (emphasis added). And in State v. Ogburn, 483 So. 2d 500, 501 (Fla.3d DCA 1986), the third district recently extended the rule still further in holding that where an officer observes a traffic violation and makes a stop, the stop “is not invalidated by the fact that an officer would not have stopped a def…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gaines Constr. Co. v. Carol City Utils., Inc., 164 So. 2d 270 (Fla. 3d DCA 1964)
- Butler v. State, 180 So. 2d 213 (Fla. 4th DCA 1965)
- Carol City Utils., Inc. v. Gaines Constr. Co., 180 So. 2d 213 (Fla. 3d DCA 1965)