SEABORN H. WADE, JR., APPELLANT,
v.
WORTH E. JOHNSON AND NANCY A. JOHNSON, HIS WIFE, APPELLEES
SEABORN H. WADE, JR., APPELLANT,
WORTH E. JOHNSON AND NANCY A. JOHNSON, HIS WIFE, APPELLEES
355 So. 2d 826
Florida District Court of Appeal, Third District (1978)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
This is an appeal by the defendant and a cross-appeal by the plaintiffs as to damages from a summary final judgment entered by the trial court for the plaintiffs in an action by the plaintiffs against the defendant wherein it was alleged that the defendant breached the terms of a deposit receipt agreement executed by the parties in connection with the purchase and sale of a coin laundry.
The record on appeal discloses that there are genuine issues of fact which have not been eliminated by the movants for summary judgment.
Reversed and remanded for further proceedings as to the issues of liability and damages.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. VAN Pieterson, 550 So. 2d 1162 (Fla. 1st DCA 1989)…thermore, simply naming Neal as the informant without some independent corroboration was insufficient to establish his credibility and reliability. State v. Novak, 502 So. 2d 990 (Fla. 3d DCA), rev. denied, 511 So. 2d 299 (Fla. 1987); Rowe v. State, 355 So. 2d 826 (Fla. 1st DCA 1978). Officer Barton’s three attempts to accomplish a controlled buy from defendant certainly cannot constitute independent police corroboration because such a buy was never completed, and defendant’s history of a narcotics-related ar…
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State v. Novak, 502 So. 2d 990 (Fla. 3d DCA 1987)…often are. Their reliability thus need not be established in the affidavit. Id. From the face of the affidavit in this case, it is obvious that Bell has no application here; indeed, the Government has never argued that it does.” See Rowe v. State, 355 So. 2d 826, 827 (Fla. 1st DCA 1978) (“simply naming the informant of an otherwise unverified crime is an insufficient predicate for a search warrant”); see also Wilson v. State, 314 A. 2d 905, 907 (Del.1973) (“The State may not claim citizen-informer status fo…
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Chadwick v. State, 358 So. 2d 901 (Fla. 1st DCA 1978)…ant gained his information in a reliable way. Spinelli v. United States, 393 U.S. 410, 417, 89 S.Ct. 584, 589, 21 L.Ed.2d 637, 644, .. . (1969), and so satisfy the alternative test under Aguilar’s second prong: . . . ” This court, in Rowe v. State, 355 So. 2d 826 (Fla. 1st DCA 1978) upheld the validity of an affidavit based on information given by a named private citizen informant who stated he had seen a quantity of marijuana packaged in large plastic bags and subdivided into smaller 16 oz. bags at the mote…
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