G.T. MCDONALD ENTERPRISES, INC. AND T & P PLASTERING, INC., APPELLANTS,
v.
RONALD FREDERICK AND MARGARET LEASURE, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBERT SCOTT FREDERICK, DECEASED, FOR THE BENEFIT OF RONALD FREDERICK, SURVIVING PARENT, MARGARET LEASURE, SURVIVING PARENT; AND THE ESTATE OF ROBERT SCOTT FREDERICK, APPELLEES
G.T. MCDONALD ENTERPRISES, INC. AND T & P PLASTERING, INC., APPELLANTS,
RONALD FREDERICK AND MARGARET LEASURE, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBERT SCOTT FREDERICK, DECEASED, FOR THE BENEFIT OF RONALD FREDERICK, SURVIVING PARENT, MARGARET LEASURE, SURVIVING PARENT; AND THE ESTATE OF ROBERT SCOTT FREDERICK, APPELLEES
711 So. 2d 1215
Florida District Court of Appeal, Third District (1998)
Positive Treatment
Cited by 13 cases
Opinion of the Court
PER CURIAM.
Affirmed. See § 440.077, Fla. Stat. (1993); see also Jones v. Florida Power Corp., 72 So. 2d 285 (Fla.1954); Lowry v. Logan, 650 So. 2d 653 (Fla. 1st DCA 1995); Bedsole v. Hancock-Hazlett Constr., 559 So. 2d 639 (Fla. 1st DCA 1990); Boyd-Scarp Enters., Inc. v. Saunders, 453 So. 2d 161 (Fla. 1st DCA 1984); Grice v. Suwannee Lumber Mfg. Co., 113 So. 2d 742 (Fla. 1st DCA 1959).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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RAY v. State, 755 So. 2d 604 (Fla. 2000)…however, the defendant was a willing participant in the underlying felony and the murder resulted from forces which they set in motion, no independent act instruction is appropriate. See Lovette v. State, 636 So. 2d 1304 (Fla.1994); Perez v. State, 711 So. 2d 1215 (Fla. 3d DCA), review denied, 728 So. 2d 204 (Fla.1998), and cert. denied, — U.S. -, 119 S.Ct. 1772, 143 L.Ed.2d 801 (1999); State v. Amaro, 436 So. 2d 1056 (Fla. 2d DCA 1983). We find that both Ray and Hall were participants in the robbery and the…
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Barron v. State, 990 So. 2d 1098 (Fla. 3d DCA 2007)…the defendant and his co-conspirators and partners-in-crime were attempting to flee the attempted robbery and/or was committed after the female co-perpetrator ordered one of the gunmen to shoot Cody because he had seen her face. See Perez v. State, 711 So. 2d 1215, 1217 (Fla. 3d DCA 1998)(hold-ing that as the defendant was a willing participant in the armed robbery, the murder of an innocent bystander, who was killed during a shoot-out with the store owner as the perpetrators were attempting to flee the scene…1 / 2
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Jarrord Roberts v. State, 4 So. 3d 1261 (Fla. 5th DCA 2009)…es had swung a pipe at him. In affirming the denial of the jury instruction the court stated, “Moreover, a shooting during an armed robbery is a foreseeable event,” citing Washington v. State, 873 So. 2d 1268 (Fla. 4th DCA 2004), and Perez v. State, 711 So. 2d 1215 (Fla. 3d DCA 1998). These cases indicate that an independent act instruction is inappropriate when the unrebutted evidence shows the defendant knowingly participated in the underlying criminal enterprise when the murder occurred or knew that firear…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jones v. Fla. Power Corp., 72 So. 2d 285 (Fla. 1954)
- Grice v. Suwannee Lumber Mfg. Co., 113 So. 2d 742 (Fla. 1st DCA 1959)
- Sadallah v. Sera Martell Realty, Inc., 650 So. 2d 653 (Fla. 4th DCA 1995)
- Boyd-Scarp Enters., Inc. v. Saunders, 453 So. 2d 161 (Fla. 1st DCA 1984)
- Orell Bedsole v. Hancock-Hazlett Constr. & Reliance Ins. Co., 559 So. 2d 639 (Fla. 1st DCA 1990)