JOHNNIE L. BESTER, APPELLANT,

v.

THE PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA D/B/A JACKSON MEMORIAL HOSPITAL, APPELLEE

Citator

Cited By

• Wilson v. State, 596 So. 2d 775 (Fla. 1st DCA 1992)
  …sidered an enterprise for RICO purposes when the business is distinct from the individual. There must, [*782] however, be a separate and identifiable entity through which criminal activity is conducted. 541 So. 2d at 1203. See also, State v. Smith, 532 So. 2d 1112, 1113 (Fla. 2d DCA 1988), rev. denied, 542 So. 2d 990 (Fla.1989) (even in cases such as Bowen, which involved only one person, there was “a separate and identifiable entity” through which the criminal activity was conducted). Accordingly, appellant…
• DAY v. State, 541 So. 2d 1202 (Fla. 2d DCA 1988)
  …erprise” [*1203] as defined in section 895.02(3), Florida Statutes (1985). We agree. The state did not present any evidence to show that Day acted in concert with another person, organization, or entity. This situation is similar to State v. Smith, 532 So. 2d 1112 (Fla. 2d DCA 1988). In Smith, this court upheld the dismissal of a RICO count against a lone actor who committed various illegal acts including armed robbery, assault, and battery. See State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988)(dismissal of R…
• Masonoff v. State, 546 So. 2d 72 (Fla. 2d DCA 1989)
  …he similar federal Act, the Third District held that the defendant could not be employed by or associate with himself, as an enterprise, for purposes of RICO. This court has followed the Niski analysis in two cases involving robbery. State v. Smith, 532 So. 2d 1112 (Fla. 2d DCA 1988), review denied, 542 So. 2d 990 (Fla.1989); Day v. State, 541 So. 2d 1202 (Fla. 2d DCA 1988). Arguably, the robberies involved in Ni-ski and our earlier cases are distinguishable from the issuance of these worthless checks because…

Authorities Cited

• Stratton OF Fla., Inc. v. Rodel Fire Prot., Inc., 524 So. 2d 726 (Fla. 3d DCA 1988)
• Wiseman v. Miami RUG Co., 524 So. 2d 726 (Fla. 4th DCA 1988)