JOHN MUSACCHIA, ET AL., APPELLANTS,
v.
BOB HYDE, ETC., ET AL., APPELLEES
JOHN MUSACCHIA, ET AL., APPELLANTS,
BOB HYDE, ETC., ET AL., APPELLEES
562 So. 2d 449
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
There is no abuse of discretion in the order on review granting the appellees a new trial after a jury verdict for the plaintiffs-appellants, see Smith v. Brown, 525 So. 2d 868 (Fla.1988); Cloud v. Fallis, 110 So. 2d 669 (Fla.1959), and it is therefore affirmed. This action is taken without prejudice to reconsideration of the appellants’ motion to amend pleadings and for further discovery. The ground upon which the motion was previously denied, untimeliness, is no longer pertinent in view of the order requiring a new trial, which we have now affirmed.
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State v. Whitley, 846 So. 2d 1163 (Fla. 5th DCA 2003)…n arrest requires that the arrestee “be given notice by word or circumstance that he is being detained ....”). Thus, when a “defendant was informed of his Miranda rights, handcuffed, and placed inside the patrol car, he was arrested.” Poey v. State, 562 So. 2d 449, 450 (Fla. 3d DCA 1990) (citation omitted); see also Kearse. However, because we have concluded that the requirements of section 316.1932(l)(a)l. were established based on Whitley's arrest for fleeing and attempting to elude, we do not need to deter…
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Cocke v. State, 889 So. 2d 132 (Fla. 4th DCA 2004)…ns for safety to support the handcuffing, no pat-down was conducted on defendant to determine if he' was armed, and there were no threatening circumstances to justify keeping him in handcuffs throughout the detention. Additionally, in Poey v. State, 562 So. 2d 449 (Fla. 3d DCA 1990), the court reversed the denial of defendant’s motion to suppress evidence because there was insufficient evidence of probable cause to arrest defendant. The court held that “[w]hen defendant was informed of his Miranda rights, han…
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State v. Socarras, 272 So. 3d 488 (Fla. 3d DCA 2019)
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- Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)
- THE FLA. BAR RE AMENDMENT TO RULES REGULATING THE FLA. BAR (RULE 1-4.3, 525 So. 2d 868 (Fla. 1988)
- Smith v. Brown, 525 So. 2d 868 (Fla. 1988)