LIBERTY NATIONAL BANK AND TRUST COMPANY OF LOUISVILLE, A NATIONAL BANKING ASSOCIATION, APPELLANT (PLAINTIFF),
v.
JEROME S. FLETCHER ET AL., APPELLEES (DEFENDANTS)

Fla. 1st DCA | 1976-08-17
No. CC-237
RAWLS, Acting C. J., and MILLS and SMITH, JJ., concur.
336 So. 2d 1261 Florida District Court of Appeal, First District (1976) Positive Treatment
Cited by 4 cases

Opinion of the Court
BY THE COURT.

Upon considering the briefs, the record and oral argument, the interlocutory appeal is dismissed.

RAWLS, Acting C. J., and MILLS and SMITH, JJ., concur.


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  • Marasa v. State, 394 So. 2d 544 (Fla. 5th DCA 1981)
    …bed him thirteen times. In contrast are the eases involving the culpable negligence standard of the manslaughter statute. These cases are those in which the shooting was accidental, but the act fits within culpable negligence. In Williams v. State, 336 So. 2d 1261 (Fla. 1st DCA 1976), there had been a bar fracas in which the appellant had been involved. During a lull in the fighting, a vehicle in which the victim was riding arrived at the bar. When the driver of the vehicle pulled a shotgun out of his trunk,…
    1 / 2
  • Manuel v. State, 344 So. 2d 1317 (Fla. 2d DCA 1977)
    …rently precipitated the stumbling and resultant firing of the gun. One step beyond the “accident” cases are those in which the actual shooting was certainly accidental, but the act fits within the culpable negligence standard. In Williams v. State, 336 So. 2d 1261 (Fla. 1st DCA 1976), a conviction for manslaughter was upheld. In that case there had been a bar fracas in which the appellant had been involved. During a lull in the fighting a vehicle in which the victim was riding arrived at the bar. When the dri…
  • McMULLEN v. State, 444 So. 2d 1063 (Fla. 1st DCA 1984)
    …se facts, the trial court was justified in denying appellant’s motion for judgment of acquittal as to manslaughter. The evidence was certainly sufficient to establish a jury question as to whether appellant was culpably negligent. Williams v. State, 336 So. 2d 1261 (Fla. 1st DCA 1976). There is no question that the deliberate act of pointing a gun at another human being, especially one who is visibly intoxicated, amounts to an act in utter disregard for the safety of others, and one that appellant reasonably s…

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