AMERICAN EMPLOYERS INSURANCE COMPANY AND SNEAD CONSTRUCTION CORPORATION, A FLORIDA CORPORATION, DEFENDANT-COUNTERPLAINTIFF-APPELLANTS,

v.

J. H. ATKINS & ASSOCIATES, INC., ET AL., PLAINTIFFS-APPELLEES

Citator

Cited By (20 total)

• Clark v. State, 363 So. 2d 331 (Fla. 1978)
  …ALDERMAN, Justice. We have for review the decision of the District Court of Appeal, Fourth District, in Bostic v. State, 332 So. 2d 349 (Fla. 4th DCA 1976), and the decision of the District Court of Appeal, Second District, in Clark v. State, 336 So. 2d 468 (Fla. 2d DCA 1976), which conflict with each other. We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Consti…

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• Clark v. State, 336 So. 2d 468 (Fla. 2d DCA 1976)
  …utes fundamental error (Rule 3.7(i) F.A.R. 31 [32] F.S.A.), or, in a criminal case, when the appellate court deems it to be in the interests of justice that it be reviewed. . . .” Likewise, the court of appeal in Bostic v. State, Fla.App.4th, 1976, 332 So. 2d 349, held that evidence of the defendant’s assertion of his Miranda rights and refusal to make a statement to arresting officers required reversal in spite of the absence of an objection. The court said: “There can be no doubt that the error involving…
• Martin v. State, 334 So. 2d 841 (Fla. 4th DCA 1976)
  …ennett v. State, 316 So. 2d 41 (Fla.1975), at page 44, that any comment upon defendant’s right to remain silent is “of constitutional dimension and warrants reversal without consideration of the doctrine of harmless error.” See also Bostic v. State, 332 So. 2d 349, Fourth District Court of Appeal, opinion filed May 14, 1976; United States v. Hale, 422 U.S. 171, 95 S.Ct. 2133, 45 L.Ed. [*842] 2d 99 (1975); Doyle v. Ohio, - U.S. -, 96 S.Ct. 2240, 49 L.Ed.2d 91, 44 LW 4902 opinion filed June 17, 1976. Moreover,…

Authorities Cited

• Am. Emp'rs Ins. Co. & Snead Constr. Corp. v. J. H. Atkins & Assocs., Inc., 332 So. 2d 348 (Fla. 4th DCA 1976)