Harris v. State, 648 So. 2d 778 (Fla. 1st DCA 1994). · Go Syfert
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Harris v. State, 648 So. 2d 778 (Fla. 1st DCA 1994). Cases Citing This Book View Copy Cite
42 citation events (38 in the last 25 years) across 4 distinct courts.
Strongest positive: North Broward Hospital District, Mount Sinai Medical Center of Florida, Inc., and Naples Community Hospital, Inc., on Behalf of Themselves and All Others Similarly Situated v. State of Florida, Agency for Health Care Administration (fladistctapp, 2024-11-06)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) North Broward Hospital District, Mount Sinai Medical Center of Florida, Inc., and Naples Community Hospital, Inc., on Behalf of Themselves and All Others Similarly Situated v. State of Florida, Agency for Health Care Administration
Fla. Dist. Ct. App. · 2024 · confidence medium
Indus. v. Betterson, 648 So. 2d 778, 780 (Fla. 1st DCA 1994) (quoting State ex. re.
discussed Cited as authority (rule) Keck v. Eminisor
Fla. · 2012 · confidence medium
Indus. v. Betterson, 648 So.2d 778, 779 (Fla. 1st DCA 1994) (quoting Dade Cnty. v. AT & T Info.
examined Cited as authority (rule) Pagan v. Sarasota County Public Hospital Board (5×) also: Cited "see", Cited "see, e.g."
Fla. Dist. Ct. App. · 2004 · confidence medium
The most that can be drawn from Betterson and Shands is that the “substantial independence” of any entity, coupled with significant governmental “constraints over [the entity’s] day-to-day operations,” Betterson, 648 So.2d at 780, will support a determination that the entity is an instrumentality, while “an autonomous and self-sufficient entity,” whose “day-to-day operations are not under direct [governmental] control,” Shands, 478 So.2d at 79 , will not be considered an instrumentality.
discussed Cited as authority (rule) Gambetta v. Prison Rehabilitative Industries & Diversified Enterprises, Inc.
11th Cir. · 1997 · confidence medium
It is true that, as originally authorized, PRIDE was to operate “independently.” In 1992, however, the Florida Legislature enacted § 946.5026, specifically providing that PRIDE “is deemed to be a corporation primarily acting as an instrumentality of the state.” At least one Florida state court has held that § 946.5026 was enacted “merely to clarify and make entirely free from any doubt PRIDE’s [previously] existing status____” PRIDE v. Betterson, 648 So.2d 778, 780 (Fla.DistCt.App.1994).
cited Cited "see" & SC13-1874 Enock Plancher, etc. v. UCF Athletics Association, Inc. and Enock Plancher, etc. v. UCF Athletics Association, Inc.
Fla. · 2015 · signal: see · confidence high
See Betterson, 648 So.2d at 781 n. 3 (“[H]ere the proof of control rests entirely on statutory provisions, which leaves the issue to be decided as a matter of law.”). 4 .
cited Cited "see" UCF Athletics Ass'n v. Plancher
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Prison Rehabilitative Indus. & Diversified Enters., Inc. v. Betterson, 648 So.2d 778 (Fla. 1st DCA 1994); Shands Teaching Hosp. & Clinics, Inc. v. Lee, 478 So.2d 77, 79 (Fla. 1st DCA 1985).
discussed Cited "see" Keck v. Eminisor (2×)
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Prison Rehabilitative Indus. & Diversified Enters., Inc. v. Betterson, 648 So.2d 778 (Fla. 1st DCA 1994) [hereinafter "PRIDE" ]; Shands Teaching Hosp. & Clinics, Inc. v. Lee, 478 So.2d 77, 79 (Fla. 1st DCA 1985).
examined Cited "see" Pagan v. SARASOTA COUNTY PUBLIC HOSP. BD. (3×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Betterson, 648 So.2d at 780 (referring to statute which "contained numerous provisions for extensive governmental control over PRIDE's day-to-day operation"); Shands, 478 So.2d at 79 (referring to statutory provisions reflecting that "Shands' day-to-day operations are not under direct state control").
examined Cited "see, e.g." Ago (3×)
Fla. Att'y Gen. · 2002 · signal: compare · confidence low
Compare, Prison Rehabilitative Industries v. Betterson, 648 So.2d 778 (Fla. 1st DCA 1994) and Shands Teaching Hospital and Clinics, Inc. v. Lee, By and Through Lee , 478 So.2d 77 (Fla. 1st DCA 1985). 7 Section 768.28 (5), Fla. Stat., limits a judgment by any one person to $100,000 and limits any claim or judgment that, when totaled with all other claims paid by the state arising out of the same incident or occurrence, to $200,000. 8 Section 768.28 (2), Fla. Stat. 9 See, e.g., Prison Rehabilitative Industries v. Betterson, 648 So.2d 778 (Fla. 1st DCA 1994) and Shands Teaching Hospital and Clini…
Retrieving the full opinion text from the archive…
David HARRIS
v.
The STATE of Florida
No. 93-1860.
District Court of Appeal of Florida, First District.
Dec 14, 1994.
648 So. 2d 778
Robbins, Tunkey, Ross, Amsel & Raben, and Benjamin S. Waxman, Miami, for appellant., Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for ap-pellee.
Gersten, Green, Hubbart.
Published
PER CURIAM.

Affirmed. Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983).