LUIS BELLO-ESPINOSA, APPELLANT,
v.
JOHN T. CHRISTIANSEN, P.A. & JAY R. JACKNIN, D/B/A CHRISTIANSEN & JACKNIN, LAWYERS, AND JACQUELINE MOORE, APPELLEES
LUIS BELLO-ESPINOSA, APPELLANT,
JOHN T. CHRISTIANSEN, P.A. & JAY R. JACKNIN, D/B/A CHRISTIANSEN & JACKNIN, LAWYERS, AND JACQUELINE MOORE, APPELLEES
679 So. 2d 1201
Florida District Court of Appeal, Fourth District (1996)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Affirmed without prejudice to seek review on plenary appeal. George J. Karr, D.D.S., P.A, v. Sellers, 620 So. 2d 1104 (Fla. 4th DCA 1993).
DELL, FARMER and GROSS, JJ., concur.
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State v. McGILL, 125 So. 3d 343 (Fla. 5th DCA 2013)…see also Paige, 934 So. 2d at 602 (same). Reviewing all of the facts set forth in the affidavit de novo, we conclude that they were sufficient to provide probable cause to believe that cannabis would be found in McGill’s home. Cf. State v. Siegel, 679 So. 2d 1201, 1205-06 (Fla. 5th DCA 1996) (recognizing that magistrate’s issuance of warrant should be upheld where “the various pieces of information mar-shalled in this case and outlined in the affidavit fit neatly together and support the magistrate’s conclus…
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State v. Blaney, 722 So. 2d 220 (Fla. 5th DCA 1998)…er was never entered. Therefore, this court properly determined that it had no jurisdiction over the appeal. The appeal was dismissed, and the state thereafter obtained a written order from the trial court and began its appeal anew. State v. Siegel, 679 So. 2d 1201 (Fla. 5th DCA 1996). Instead, this case is governed by the controlling Florida Supreme Court precedent announced in Williams v. State, 324 So. 2d 74 (Fla.1975): [W]e also hold that a notice of appeal which is prematurely filed shall not be subject…
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State v. Oliveras, 65 So. 3d 1162 (Fla. 5th DCA 2011)…nois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983); see also Willacy v. State, 967 So. 2d 131 (Fla.2007); State v. Carreno, 35 So. 3d 125 (Fla. 3d DCA 2010); State v. Irizarry, 948 So. 2d 39 (Fla. 5th DCA 2006); State v. Siegel, 679 So. 2d 1201 (Fla. 5th DCA 1996); State v. Price, 564 So. 2d 1239 (Fla. 5th DCA 1990). Hence, probable cause requires the probability of criminal activity; it does not require absolute certainty or proof beyond a reasonable doubt. See Doorbal v. State, 837 So. 2…
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- Sentry Ins. v. Simonson, 620 So. 2d 1104 (Fla. 4th DCA 1993)