CINCINNATI FAN AND VENTILATOR COMPANY AND ATLANTIC MUTUAL INSURANCE COMPANY, PETITIONERS,
v.
FRANK E. GARCIA, RESPONDENT

Fla. 2d DCA | 1978-05-03
No. 78-581
GRIMES, Acting C. J., and SCHEB and DANAHY, JJ., concur.
358 So. 2d 238 Florida District Court of Appeal, Second District (1978) Negative Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for writ of certiorari is denied without prejudice to the right of petitioners to seek review of the matters contained therein by way of an appeal from the final judgment. Santini Brothers, Inc. v. Grover, 338 So. 2d 79 (Fla. 4th DCA 1976); Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d DCA 1973). See also Pratt v. Durkop, 356 So. 2d 1278 (Fla. 2d DCA 1978).

GRIMES, Acting C. J., and SCHEB and DANAHY, JJ., concur.


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  • Budman v. State, 362 So. 2d 1022 (Fla. 3d DCA 1978)
    …t merit. Moore v. Illinois, 408 U.S. 786, 92 S.Ct. 2562, 33 L.Ed.2d 706 (1972); Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); Wiese v. State, 357 So. 2d 755 (Fla. 4th DCA, opinion filed April 18, 1978); cf. Mitchell v. State, 358 So. 2d 238 (Fla. 2d DCA 1978) (finding of materiality); Ludwick v. State, 336 So. 2d 701 (Fla. 4th DCA 1976) (inadequate record to demonstrate prejudice); and Hernandez v. State, 273 So. 2d 130 (Fla. 1st DCA 1973) (no showing of favorability). See generally An…
  • State v. Mitchell, 368 So. 2d 591 (Fla. 1979)
    …ALDERMAN, Justice. We have for review the decision of the District Court of Appeal, Second District, in Mitchell v. State, 358 So. 2d 238 (Fla. 2d DCA 1978), which directly conflicts with our recent decision in State v. Sobel, 363 So. 2d 324 (Fla.1978), decided after the district court’s decision in this cause was rendered. The district court relied on the decision of the Third Distri…
  • Campbell v. State, 365 So. 2d 751 (Fla. 1st DCA 1978)
    …he purpose of obtaining evidence of a crime, even though tapes of the communication, for whatever reason, are not available to the defendant. Campbell relies additionally upon Sobel v. State, 349 So. 2d 747 (Fla. 3d DCA 1977) and Mitchell v. State, 358 So. 2d 238 (Fla. 2d DCA 1978), as requiring suppression of the conversation. Neither of the two cases addressed any provision of Chapter 934. Both cases are distinguishable from the present since they involved circumstances in which the tapes were recorded, un…

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