GOOCH SUPPORT SYSTEMS, INC., GOOCH ENTERPRISES, INC., HAL GOOCH AND CHRIS GOOCH, APPELLANTS,

v.

MAHALEEL LEE LUSTER, APPELLEE

Citator

Cited By

• Awilda Rodriguez v. State, 964 So. 2d 833 (Fla. 2d DCA 2007)
  …n 776.051(1), Florida Statutes, which precludes the defense of justifiable use of force when resisting an arrest regardless of the legality of the arrest, to encounters between citizens and the police that did not involve arrests. See Lang v. State, 826 So. 2d 433, 435 (Fla. 2d DCA 2002); Nesmith v. State, 616 So. 2d 170, 171-72 (Fla. 2d DCA 1993); cf. Kaigler v. State, 913 So. 2d 1254, 1255 (Fla. 2d DCA 2005) (answering in the negative the question of “whether the illegality of a stop during which a suspect…
• Ramirez v. State, 854 So. 2d 805 (Fla. 2d DCA 2003)
  …of the statutory time limit and before the trial court had ruled on the original motion, it was error for the trial court not to consider the merits of the new allegations. See Beard v. State, 827 So. 2d 1021, 1021 (Fla. 2d DCA 2002); Lang v. State, 826 So. 2d 433, 435 (Fla. 2d DCA 2002). The present case is governed by Gaskins because, although an order had been entered denying Ramirez’s motion in part, the trial court had not made a final determination about the merits of the remaining claim upon which the…
• Kaigler v. State, 913 So. 2d 1254 (Fla. 2d DCA 2005)
  …th v. State, 616 So. 2d 170, 171-72 (Fla. 2d DCA 1993) (“The use of force in resisting arrest by a person reasonably known to be a law enforcement officer is unlawful notwithstanding the technical illegality of the arrest.”); see also Lang v. State, 826 So. 2d 433, 435 (Fla. 2d DCA 2002) (in dicta, extending the Nesmith principle to illegal stops). Other district courts of appeal have ruled similarly. See, e.g., Perry v. State, 846 So. 2d 684, 589 (Fla. 4th DCA 2003) (holding that an officer’s noncompliance w…

Authorities Cited

• MCR Funding & Mortg. Cap. Res. Corp. v. CMG Funding Corp., 771 So. 2d 32 (Fla. 4th DCA 2000)
• Perkins v. Zack A. Salem, 249 So. 2d 466 (Fla. 1st DCA 1971)
• Purcell v. Deli MAN, Inc., 411 So. 2d 378 (Fla. 4th DCA 1982)