STATE FARM MUT. AUTO. INS. CO.

v.

NICHOLS

Citator

Cited By

• State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006)
  …l, 851 So. 2d 742 (Fla. 5th DCA 2003), which held that an insurer could recover such fees but certified to us a question of great public importance. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.; State Farm Mut. Auto. Ins. Co. v. Nichols, 913 So. 2d 598 (Fla.2005) (granting review). As we explain below, we agree with the district court in this case, as well as the other district courts that have considered this issue, and hold that a suit for PIP benefits is a “civil action for damages” to which th…
• Yolinda Wright Zinnerman v. State, 942 So. 2d 932 (Fla. 5th DCA 2006)
  …rwise, the instruction is circular and negates the defense of self-defense. See Bevan v. State, 908 So. 2d 524 (Fla. 2d DCA 2005); Estevez v. State, 901 So. 2d 989 (Fla. 4th DCA 2005); Williams v. State, 901 So. 2d 899 (Fla. 4th DCA), review denied, 913 So. 2d 598 (Fla.2005). Several cases have recognized that instructing the jury in such a manner constitutes fundamental error and can be considered in the absence of an objection. See Carter v. State, 889 So. 2d 937 (Fla. 5th DCA 2004), review denied, 903 So.…
• White v. State, 924 So. 2d 957 (Fla. 4th DCA 2006)
  …on his penis; he then reached over and placed the victim’s hand on his penis. Appellant moved the victim’s hand up and down on his penis, until he ejaculated. This case is controlled by Paul v. State, 912 So. 2d 8 (Fla. 4th DCA 2005), rev. granted, 913 So. 2d 598 (Fla.2005). In Paul, the defendant was convicted of lewd and lascivious acts under section 800.04[ (5)-(7) ], “all arising from the same encounter.” Id. at 11. The defendant argued that his multiple convictions violated “state and federal double jeo…