EVELYN GARCIA, APPELLANT,
v.
XTRA SUPER FOOD CENTERS, INC., APPELLEE
PER CURIAM.
Affirmed. Hamideh v. K-Mart Corp., 648 So. 2d 824, 825 (Fla. 3d DCA 1995)(affírming “the defendant’s motion for summary judgment where a reasonable inference, creating a presumption of notice on the part of the defendant, could not be drawn from the facts reflected by the record.”).
NESBITT and JORGENSON, JJ., concur.
SCHWARTZ, Chief Judge
(dissenting).
During a frenzy of shopping activity the night before Hurricane Andrew, Ms. Garcia slipped on sugar spilled from paper sacks pulled by a horde of customers from the “sugar shelf’ of the supermarket. I would reverse the summary judgment entered for the store because, although there was no evidence as to how long the particular grains which caused the fall had been on the floor, cf. Hamideh v. K-Mart Corp., 648 So. 2d 824 (Fla. 3d DCA 1995), the record presented a genuine issue as to whether it had failed to adopt a method of operation sufficient to protect its patrons from the known danger presented by the circumstances. See Wells v. Palm Beach Kennel Club, 160 Fla. 502, 35 So. 2d 720 (1948); Fazio v. Dania Jai-Alai Palace, Inc., 473 So. 2d 1345 (Fla. 4th DCA 1985); Kmart Corp. v. Dwyer, 656 So. 2d 1340 (Fla. 5th DCA 1995)(Sharp, J., dissenting); Schaap v. Publix Supermarkets, Inc., 579 So. 2d 831 (Fla. 1st DCA 1991)(Ervin, J., dissenting).
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Reed v. State, 783 So. 2d 1192 (Fla. 1st DCA 2001)…ase were determined to be fundamental, any such error would' be harmless. Both the supreme court and this court have determined that even fundamental error may in fact be harmless. See State v. Clark, 614 So. 2d 453, 454 (Fla.1992); Mincey v. State, 684 So. 2d 236, 239 (Fla. 1st DCA 1996). In the recent case of Stephens v. State, 26 Fla. L. Weekly S161, — So. 2d -, 2001 WL 252160 (Fla. Mar. 15, 2001), the supreme court reaffirmed the principle that the quantum of evidence supporting the defendant’s guilt shou…
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Knight v. State, 770 So. 2d 663 (Fla. 2000)…der to a self-representing defendant of his right to court-appointed counsel at any stage of the proceeding. See Harrell v. State, 486 So. 2d 7 (Fla. 3d DCA 1986); see also McCarthy v. State, 731 So. 2d 778, 781 (Fla. 4th DCA 1999); Mincey v. State, 684 So. 2d 236, 238 (Fla. 1st DCA 1996). Accordingly, Knight’s claim that the court erred by not renewing the offer of court-appointed counsel is without merit. In his third claim, Knight argues the court erred in using his prior violent felony conviction as an a…
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Birlkey v. State, 220 So. 3d 431 (Fla. 4th DCA 2017)…d and remanded for resentencing because the trial court did not renew' the offer of counsel before sentencing. There, we distinguished the situation in this case, where appellant did not heavily rely on standby counsel, from that of Mincey v. State, 684 So. 2d 236, 238 (Fla. 1st DCA 1996): In Mincey, “appellant relied on standby counsel extensively, before, during and after the trial,” and standby counsel handled the sentencing. Id. at 238. But see Harris v. State, 687 So. 2d 29, 30 (Fla. 5th DCA 1997) (“Whi…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wells v. Palm Beach Kennel Club, 160 Fla. 502 (Fla. 1948)
- Schaap v. Publix Supermarkets, Inc., 579 So. 2d 831 (Fla. 1st DCA 1991)
- Antonette Fazio and Richard Fazio v. Dania Jai-Alai Palace, Inc., 473 So. 2d 1345 (Fla. 4th DCA 1985)
- Hamideh v. K-Mart Corp., 648 So. 2d 824 (Fla. 3d DCA 1995)
- Kmart Corp. v. Dwyer, 656 So. 2d 1340 (Fla. 5th DCA 1995)