State v. Miller, 512 So. 2d 198 (Fla. 1987). · Go Syfert
Search
State v. Miller, 512 So. 2d 198 (Fla. 1987). Cases Citing This Book View Copy Cite
“ection 767.04 makes the dog owner an insurer against damage caused by his dog, subject to certain enumerated exceptions, thus modifying the common law basis for recovery grounded in negligence, and superseding common law defenses.”
24 citation events (4 in the last 25 years) across 4 distinct courts.
Strongest positive: DAVID PARSONS AND MARLA PARSONS v. PATRICIA CULP (fladistctapp, 2021-09-17)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) DAVID PARSONS AND MARLA PARSONS v. PATRICIA CULP
Fla. Dist. Ct. App. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
ection 767.04 makes the dog owner an insurer against damage caused by his dog, subject to certain enumerated exceptions, thus modifying the common law basis for recovery grounded in negligence, and superseding common law defenses.
cited Cited as authority (rule) Huie v. Wipperfurth
Fla. Dist. Ct. App. · 1994 · confidence medium
In Reed v. Bowen, 512 So.2d 198, 200 (Fla.1987), the court held that section 767.04 modified the common-law rule that a child under six was legally incapable of negligence.
cited Cited "see" Arroliga v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See State v. Miller, 512 So.2d 198 (Fla.1987).
cited Cited "see" State v. White
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See State v. Miller, 512 So.2d 198 (Fla.1987).
cited Cited "see" Greer v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See State v. Miller, 512 So.2d 198 (Fla.1987); Williams v. State, 510 So.2d 1222 (Fla. 5th DCA1987).
Retrieving the full opinion text from the archive…
STATE of Florida, Petitioner,
v.
James Ernest MILLER, Respondent.
67276.
Supreme Court of Florida.
Sep 17, 1987.
512 So. 2d 198
Per Curiam.
Cited by 9 opinions  |  Published

Robert A. Butterworth, Atty. Gen. and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for petitioner.

Richard L. Jorandby, Public Defender, 15th Judicial Circuit, and Anthony Calvello and Gary Caldwell, Asst. Public Defenders, West Palm Beach, for respondent.

PER CURIAM.

This case is before us on remand from the United States Supreme Court following its decision on certiorari review of our earlier judgment. In State v. Miller, 488 So.2d 820 (Fla. 1986), this Court held that Miller should be sentenced pursuant to the guidelines in effect at the time of sentencing as opposed to the guidelines in effect at the time the crime was committed. The Supreme Court reversed the judgment, holding that our ruling violated the ex post facto clause of article I of the United States Constitution. Miller v. Florida, ___ U.S. ___, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). Therefore, we vacate Miller's sentence and remand the case to the circuit court with directions to resentence Miller pursuant to the sentencing guidelines which were in effect at the time the offense was committed.

It is so ordered.

McDONALD, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.