MEDARDO AYAPAN, APPELLANT,
v.
CARNIVAL CRUISE LINES, INC., APPELLEE
MEDARDO AYAPAN, APPELLANT,
CARNIVAL CRUISE LINES, INC., APPELLEE
644 So. 2d 101
Florida District Court of Appeal, Third District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the final order under review striking the plaintiffs second amended complaint as sham upon the reasoning found in Denton v. Getson, 637 So. 2d 82 (Fla. 4th DCA 1994); Menke v. Southland Specialties Corp., 637 So. 2d 285 (Fla. 2d DCA 1994), and return the matter to the trial court for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marwan Abouraad v. State, 677 So. 2d 1319 (Fla. 4th DCA 1996)…ost all victims of a crime will feel some type of trauma; this type of trauma which usually and ordinarily results from being a victim of a crime is inherent in the crime and may not be used to justify departure. Id. at 284; see also Ruth v. State, 644 So. 2d 101 (Fla. 2d DCA 1994)(in extortion case, departure based on defendant’s threats to kill sentencing judge if defendant received a severe sentence was invalid since threats are inherent in the crime of extortion). Under the Rousseau rationale, then, trau…
Authorities Cited
- Menke v. Southland Specialties Corp., 637 So. 2d 285 (Fla. 2d DCA 1994)
- Denton v. Norman B. Getson, Norman B. Getson, P.A., 637 So. 2d 82 (Fla. 4th DCA 1994)