CITY OF FORT MEADE AND GALLAGHER BASSETT SERVICES, INC., PETITIONERS,
v.
FRANKLIN D. BROWN, RESPONDENT
CITY OF FORT MEADE AND GALLAGHER BASSETT SERVICES, INC., PETITIONERS,
FRANKLIN D. BROWN, RESPONDENT
823 So. 2d 855
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
DENIED. H.L.O.T. Family Limited Partnership v. Magnolia Plantation Property Owners’ Association, Inc., 801 So. 2d 292 (Fla. 1st DCA 2001).
ERVIN, WOLF and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 885 So. 2d 466 (Fla. 4th DCA 2004)…uoting Goswick v. State, 143 So. 2d 817, 820 (Fla.1962), receded from on other grounds, State v. Smith, 240 So. 2d 807 (Fla.1970)). In the instant case, the State had the burden of proving that the stun gun was a deadly weapon. See Wilson v. State, 823 So. 2d 855 (Fla. 1st DCA 2002). The State failed to meet its burden since there was no evidence in the record to support a finding that the stun gun was a deadly weapon by its ordinary use or in the manner in which it was used on the victim. See Nguyen v. Stat…
Authorities Cited
- Ondina Williams v. Fla. Parole Comm'n, 801 So. 2d 292 (Fla. 1st DCA 2001)
- The H.L.O.T. Fam. Ltd. P'ship & U.I.L. Fam. Ltd. P'ship v. Magnolia Plantation Prop. Owners' Ass'n, Inc., 801 So. 2d 292 (Fla. 1st DCA 2001)