RAFAEL MIRANDA AND MERCEDES GARCIA, HIS WIFE, APPELLANTS,
v.
LUCILLE KOPELMAN AND THE ESTATE OF BEULAH PASEKOFF, DECEASED, BY ELLEN GRINBERG AND RICHARD GRINBERG, AS COEXECUTORS OF SAID ESTATE, APPELLEES
RAFAEL MIRANDA AND MERCEDES GARCIA, HIS WIFE, APPELLANTS,
LUCILLE KOPELMAN AND THE ESTATE OF BEULAH PASEKOFF, DECEASED, BY ELLEN GRINBERG AND RICHARD GRINBERG, AS COEXECUTORS OF SAID ESTATE, APPELLEES
731 So. 2d 86
Florida District Court of Appeal, Third District (1999)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Bovis v. 7-Eleven, Inc., 505 So. 2d 661, 663-664 (Fla. 5th DCA 1987); See also Worth v. Eugene Gentile Builders, 697 So. 2d 945, 946 (Fla. 4th DCA 1997); Haskell v. Lane, 612 So. 2d 669 (Fla. 1st DCA 1993); Veterans Gas Co. v. Gibbs, 538 So. 2d 1325, 1326-28 (Fla. 1st DCA 1989).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Riddle v. State, 755 So. 2d 771 (Fla. 4th DCA 2000)…probationer and that the community control was serving its purpose. According to appellant’s community control officer, he had always reported on time, completed boot camp, got his GED, and enrolled in Broward Community College. See Dassau v. State, 731 So. 2d 86, 86 (Fla. 3d DCA 1999). The facts of this case are much like those considered in Thomas and Stevens v. State, 599 So. 2d 254 (Fla. 3d DCA 1992). We conclude, as the court did in Stevens, that “[hjowever inept and negligent [appellant’s] conduct, the…
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Dante Mortel McCRAY v. State, 754 So. 2d 776 (Fla. 3d DCA 2000)…he presence of mind to attempt to contact his community control officer through his aunt is, at best, evidence of ineptitude or negligence. Inept or negligent conduct, however, is insufficient to demonstrate a willful violation. See Dassau v. State, 731 So. 2d 86, 86 (Fla. 3d DCA 1999); Stevens, 599 So. 2d at 255. Thus, based upon the foregoing, we reverse the revocation order and sentence and remand with directions that McCray’s community control be reinstated. Reversed and remanded.…
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Cranz v. State, 854 So. 2d 843 (Fla. 3d DCA 2003)…sences from the home. The greater weight of the evidence did not show that the two acts should have been considered as a willful and substantial violation of the community control. McCray v. State, 754 So. 2d 776 (Fla. 3d DCA 2000); Dassau v. State, 731 So. 2d 86 (Fla. 3d DCA 1999). Inept or negligent conduct is insufficient to demonstrate willfulness. McCray, supra, at 778. Accordingly, the revocation of defendant’s community control is reversed.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bovis v. 7-Eleven, Inc., 505 So. 2d 661 (Fla. 5th DCA 1987)
- The Haskell Co. & Serv. Merchandise Co., Inc. v. The Lane Co., Ltd., 612 So. 2d 669 (Fla. 1st DCA 1993)
- Veterans GAS Co. v. Gibbs, 538 So. 2d 1325 (Fla. 1st DCA 1989)
- Worth v. Eugene Gentile Builders, 697 So. 2d 945 (Fla. 4th DCA 1997)