ASSOCIATED ELECTRIC AND GAS INSURANCE SERVICES, LTD., APPELLANT,
v.
DARLENE MARIE MACKAY, JOSEPH B. MACKAY, OTTO KARCH, AND FLORIDA POWER & LIGHT COMPANY, APPELLEES
ASSOCIATED ELECTRIC AND GAS INSURANCE SERVICES, LTD., APPELLANT,
DARLENE MARIE MACKAY, JOSEPH B. MACKAY, OTTO KARCH, AND FLORIDA POWER & LIGHT COMPANY, APPELLEES
552 So. 2d 306
Florida District Court of Appeal, Fourth District (1989)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
ANSTEAD and WARNER, JJ., concur. GLICKSTEIN, J., dissents in part and concurs in part with opinion.
Other
GLICKSTEIN, Judge,
dissenting in part and concurring in part.
I would reverse the order which awarded appellees interest and remand with direction to compute simple interest on the judgment. See Dezen v. Slatcoff, 65 So. 2d 484 (Fla.1953), and Coggan v. Coggan, 183 So. 2d 839 (Fla. 2d DCA), cert. denied, 188 So. 2d 820 (Fla.1966). I would affirm the award of appellees’ accountant expert witness fee. See Murphy v. Tallardy, 422 So. 2d 1098 (Fla. 4th DCA 1982), approved, Travieso v. Travieso, 474 So. 2d 1184 (Fla.1985).
Cases With Similar Vibessemantic neighbors from the corpus
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Brown v. State, 587 So. 2d 563 (Fla. 1st DCA 1991)…hen it referred to the threat against the public of great bodily harm, we would still disapprove this ground, for such conduct is inherent in the offense of threatening to throw, place or discharge any destructive device. Compare, Whitaker v. State, 552 So. 2d 306 (Fla. 5th DCA 1989) (departure grounded on defendant’s total disregard for the safety of others and the unreasonable risk to others by use of a firearm is improper when defendant convicted of discharging a firearm in public). As for the second grou…
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Welch v. State, 639 So. 2d 1068 (Fla. 4th DCA 1994)…assault victim, the risk of harm to her was already factored into the recommended range of punishment for assault. Accordingly, potential harm to Theresa could not be used to support a departure from the sentencing guidelines. See Whitaker v. State, 552 So. 2d 306 (Fla. 5th DCA 1989) (statutory prohibition against discharging firearm in public takes risk of harm to third persons into account); Crosby v. State, 518 So. 2d 477 (Fla. 5th DCA 1988) (armed robber’s alleged disregard for safety of others was not va…
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Cleveland v. State, 673 So. 2d 983 (Fla. 4th DCA 1996)…guilty of a felony of the second degree.... The use of the words “wantonly or maliciously” in the statute encompasses into the statute any actions by Cleveland that constituted the flagrant disregard for the safety of others. See Whitaker v. State, 552 So. 2d 306 (Fla. 5th DCA 1989) (in a case in which the defendant was charged with discharging a firearm in public, departure sentence imposed based on reason of defendant’s total disregard for the safety of others and unreasonable risk toward other person pres…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985)
- Anderson v. Garber, 188 So. 2d 820 (Fla. 1966)
- Gatto v. Baron Props., Inc., 183 So. 2d 839 (Fla. 4th DCA 1966)
- Coggan v. Coggan, 183 So. 2d 839 (Fla. 2d DCA 1966)
- Murphy v. Tallardy, 422 So. 2d 1098 (Fla. 4th DCA 1982)
- Klock v. Miami Beach Heights, Inc., 65 So. 2d 484 (Fla. 1953)