EMILIA C. GONZALEZ, APPELLANT,

v.

ROADHOUSE GRILL, INC., APPELLEE

Citator

Cited By

• Margarito Montano v. State, 846 So. 2d 677 (Fla. 4th DCA 2003)
  …re was time to contrive or misrepresent; and (3) the statement must have been made while the person was under the stress of excitement caused by the startling event.” Id. at 873; see Henyard v. State, 689 So. 2d 239, 251 (Fla.1996); Willis v. State, 727 So. 2d 952, 953 (Fla. 4th DCA 1998). The issue of whether the declarant is “under the stress of excitement” at the time of the excited utterance is a preliminary fact question for the trial court to decide. See Stoll, 762 So. 2d at 873; Cotton v. State, 763 S…
• S.R. v. State, 925 So. 2d 474 (Fla. 4th DCA 2006)
  …FARMER, J. Reversed. The finding of a violation of probation for failing to complete required community service was error in the absence of a formally imposed deadline in the disposition order for doing so. Willis v. State, 727 So. 2d 952, 953 (Fla. 4th DCA 1998) (citing Llumbet v. State, 698 So. 2d 381 (Fla. 4th DCA 1997)); Tracy v. State, 673 So. 2d 544, 544 (Fla. 4th DCA 1996) (citing Young v. State, 566 So. 2d 69 (Fla. 2d DCA 1990)). The State concedes that the fifty hours of com…
• Wilcox v. State, 770 So. 2d 733 (Fla. 4th DCA 2000)
  …Fla. 4th DCA 1998). Here, the testimony that the victim yelled to her daughter to call the police, “because Ernest picked up a knife,” was admissible under section 90.803(2) as an excited utterance exception to the hearsay rule. See Willis v. State, 727 So. 2d 952 (Fla. 4th DCA 1998). That competent evidence, in combination with Deputy Jenkins’ hearsay testimony (concerning Louella’s out-of-court statement that appellant pointed the knife at her in a threatening manner), was sufficient to prove that appellant…

Authorities Cited

• Giordano v. Nelson Ramirez, M.D., 503 So. 2d 947 (Fla. 3d DCA 1987)
• Reyka v. Halifax Hosp. Dist., 657 So. 2d 967 (Fla. 5th DCA 1995)
• Mayo v. Publix Super Mkts., Inc., 686 So. 2d 801 (Fla. 4th DCA 1997)