Jordan v. State, 720 So. 2d 1077 (Fla. 1998). · Go Syfert
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Jordan v. State, 720 So. 2d 1077 (Fla. 1998). Cases Citing This Book View Copy Cite
11 citation events (9 in the last 25 years) across 4 distinct courts.
Strongest positive: Bostic v. Bodie (flsd, 2023-12-15)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Bostic v. Bodie
S.D. Fla. · 2023 · confidence medium
Fla. 2003), aff'd, 419 F.3d 1208 (11th Cir. 2005) (citing Anthony Distribs., Inc. v. Miller Brewing Co., 941 F. Supp. 1567, 1575 (M.D.Fla.1996); Florida Standard Jury Instructions, 720 So.2d 1077, 1078 (Fla.1998) (emphasis added)).
discussed Cited as authority (rule) SCHOOL BOARD OF INDIAN RIVER CO. v. SOMERSET ACADEMY, INC. AND SOMERSET ACADEMY MIDDLE SCHOOL, ETC.
Fla. Dist. Ct. App. · 2017 · confidence medium
Clear and convincing evidence has been defined as “evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction without hesitation about the matter in issue.” See Standard Jury Instructions—Civil Cases (No. 98-3), 720 So. 2d 1077, 1079 (Fla. 1998).
cited Cited "see" Nodal v. Infinity Auto Insurance Co.
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Standard Jury Instructions — Civil Cases (No. 98-3), 720 So.2d 1077 (Fla.1998).
discussed Cited "see" Hadnot v. State
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
"A party's failure to object in the trial court precludes appellate review of an erroneous jury instruction unless the error is deemed fundamental." Miller v. State, 828 So.2d 445, 447 (Fla. 4th DCA 2002); see Jordan v. State, 707 So.2d 816, 817 (Fla. 5th DCA 1998) (finding that court can decline to review jury instruction issue because defense counsel did not object at trial), approved on other grounds, 720 So.2d 1077 (Fla.1998).
discussed Cited "see" Dodge v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See generally Jordan v. State, 707 So.2d 816 (Fla. 5th DCA), approved, 720 So.2d 1077 (Fla.1998)(holding that, in DUI manslaughter case, chain of custody evidence established no probability that the sample had been tampered with; therefore, results of blood test taken at hospital were properly admitted); see also Robertson v. State, 604 So.2d 783 (Fla.1992)(establishing three-prong predicate for admitting scientific evidence).
cited Cited "see" Standard Jury Inst.-Criminal Cases (99-2)
Fla. · 2000 · signal: see · confidence high
See Standard Jury Instructions —Civil Cases, 720 So.2d 1077 (Fla. 1998). 2.04 WEIGHING THE EVIDENCE It is up to you to decide what evidence is reliable.
discussed Cited "see, e.g." Floyd v. State
Fla. · 2003 · signal: see also · confidence low
See State v. Taplis, 684 So.2d 214, 215 (Fla. 5th DCA 1996) (party attempting to exclude relevant physical evidence based on gap in chain of custody must show probability of tampering); see also Jordan v. State, 707 So.2d 816, 818 (Fla. 5th DCA 1998) (when gap in chain of custody is alleged, party seeking to prevent introduction of relevant physical evidence must show a probability of evidence tampering because "[a] mere possibility of tampering is insufficient") (relying on State v. Taplis ), approved, 720 So.2d 1077 (Fla.1998); Bush v. State, 543 So.2d 283, 284 (Fla. 2d DCA 1989) ("A mere br…
Retrieving the full opinion text from the archive…
Kimberli JORDAN
v.
STATE of Florida
No. 92702.
Supreme Court of Florida.
Oct 8, 1998.
720 So. 2d 1077
James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Petitioner., Robert A Butterworth, Attorney General, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for Respondent.
Anstead, Gan, Harding, Overton, Pariente, Shaw, Wells.
Cited by 2 opinions  |  Published

Lead Opinion

SHAW, Judge.

We have for review Jordan v. State, 707 So.2d 816 (Fla. 5th DCA 1998), wherein the district court cited for support Mays v. State, 693 So.2d 52 (Fla. 5th DCA 1997), which was pending in this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

We have since approved the district court decision in Mays. See Mays v. State, 717 So.2d 515 (Fla.1998) (holding that under section 921.001(5), Florida Statutes (1995), if the “true” recommended guidelines sentence exceeds the statutory maximum, the guidelines sentence must be imposed). Accordingly, we approve the result in Jordan on this issue.[1]

It is so ordered.

HARDING, C.J., and OVERTON and WELLS, JJ., concur. PARIENTE, J., concurs in part and dissents in part with an opinion, in which KO-GAN and ANSTEAD, JJ., concur.
1

We decline to address the other issues raised by Jordan since they were not the basis for our review.

Concurrence in Part

PARIENTE, Judge,

concurring in part and dissenting in part.

I concur in part and dissent in part for the reasons stated in my opinion in Mays v. State, 717 So.2d 515, 516-19 (Fla.1998) (Par-iente, J., concurring in part and dissenting in part).

KOGAN and ANSTEAD, JJ., concur.