TIMOTHY JAY WENCEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-01-19
No. 99-0260
DELL and GUNTHER, JJ„ concur., WARNER, C.J., dissents with opinion.
751 So. 2d 674 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

DELL and GUNTHER, JJ„ concur.

WARNER, C.J., dissents with opinion.

Dissent
WARNER, C.J.,

WARNER, C.J.,

dissenting.

I would reverse based upon State v. Baird, 572 So. 2d 904, 908 (Fla.1990) which provides that when the only reason for admitting collateral crime evidence is to show a logical sequence of events, “the better practice is to allow the officer to state that he acted upon a ‘tip’ or ‘information received,’ without going into the details of the accusatory information.” (citation omitted). Here, the officers testified that they were responding to several different calls regarding burglaries in one neighborhood occurring at 4:00 a.m. The testimony regarding the officer’s responses to these calls was extensive, and I cannot conclude that the introduction of this testimony was harmless.


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  • Payne v. Cudjoe Gardens Prop. Owners Ass'n, Inc., 837 So. 2d 458 (Fla. 3d DCA 2002)
    …whether others obtained their variance, if at all, before construction. In short, the purpose of the restriction, where 68 properties are in violation, is difficult to defend at this juncture. See Robertson v. Countryside PUD Residential Homeowners, 751 So. 2d 674, 677 (Fla. 5th DCA 2000)(reversing for completion of discovery relating to previous exemptions to the restrictive covenants noting that enforcement of restrictive covenants cannot be arbitrary or unreasonable). Florida law is clear that covenants r…
  • …hether the “easement” is reasonable. But this was an action for declaratory relief, not enforcement. A factual issue will only arise if and when Pinnacle chooses to enforce the covenant. See Robertson v. Countryside PUD Residential Homeowners, 751 So. 2d 674, 677 (Fla. 5th DCA 2000) (“The enforcement of restrictive covenants cannot be unreasonable or arbitrary.”). Lastly, 8425 Biscayne argues that the trial court erred in granting final summary judgment in Pinnacle’s favor because its cross-motion…

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