JOHN ELLSWORTH, APPELLANT,
v.
POLK COUNTY BOARD OF COUNTY COMMISSIONERS, APPELLEE

Fla. 2d DCA | 1999-12-29
No. 99-00828
WHATLEY and STRINGER, JJ., Concur.
751 So. 2d 87 Florida District Court of Appeal, Second District (1999) Caution
Cited by 4 cases
Opinion of the Court
PATTERSON, Chief Judge.

PATTERSON, Chief Judge.

Affirmed. See Joshua v. City of Gainesville, 734 So. 2d 1068 (Fla. 1st DCA) (holding claim to be time barred under section 760.11(5), Florida Statutes (1995), and certifying question to Florida Supreme Court), review granted 735 So. 2d 1285 (Fla.1999).

WHATLEY and STRINGER, JJ., Concur.

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Cited By

  • Jenkins v. State, 924 So. 2d 20 (Fla. 2d DCA 2006)
    …rth in section 901.211(1). We reject the State’s argument that the actions of the police did not constitute a “search” but instead constituted a “mere seizure” of evidence. In making this argument, the State relies on our decision in State v. Days, 751 So. 2d 87 (Fla. 2d DCA 1999). In Days, we “distinguish[ed] a ‘strip search’ from a mere seizure of the evidence.” Id. at 88. The critical circumstance in Days was that the police officer observed the defendant placing a plastic bag — containing what the offic…
  • Ellsworth v. Polk Cnty. Bd. OF Cnty. Comm'rs, 780 So. 2d 903 (Fla. 2001)
    …peal that cited as controlling authority Joshua v. City of Gainesville, 734 So. 2d 1068 (Fla. 1st DCA 1999), quashed, 768 So. 2d 432 (Fla.2000), which was then pending review in this Court. See Ellsworth v. Polk County Board of County Commissioners, 751 So. 2d 87 (Fla. 2d DCA 1999). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418 (Fla.1981). Based on our recent decision in Joshua v. City of Gainesville, 768 So. 2d 432 (Fla.2000), we quash the decision of the district…

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