Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
State of Florida v. Curtis Searles
Id. “‘As long as the State shows the barest prima facie case, it should not be prevented from prosecuting.’” Id. (citation omitted); see also State v. Carry, 75 So. 3d 803, 805 (Fla. 5th DCA 2011) (noting that the State, when faced with a motion to dismiss, is not obligated to produce evidence sufficient to sustain a conviction such as in the case of a motion for judgment of acquittal); State v. Yarn, 63 So. 3d 82, 86 (Fla. 2d DCA 2011) (noting that while the appellee relied upon cases presenting factual situations similar to his, the cases involved the review of a denial of a motion f…
discussed
Cited as authority (rule)
Lowe v. State
The State may file a traverse, or demurrer, pursuant to rule 3.190(d), which may either “specifically dispute the defendant’s material facts or allege additional material facts that are sufficient to establish a prima facie case.” State v. Gay, 960 So.2d 864, 867 (Fla. 2d DCA 2007) (citing State v. Kalogeropolous, 758 So.2d 110, 111 (Fla.2000)).
cited
Cited as authority (rule)
Browder v. State
Instead, the question is whether there are disputed facts and whether the undisputed facts establish a prima facie case.” State v. Gay, 960 So.2d 864, 869 (Fla. 2d DCA 2007).
examined
Cited "see"
State v. Carry
(4×)
also: Cited "see, e.g."
See Gay, 960 So.2d at 867 ; Lebron, 954 So.2d at 56 ; State v. Paleveda, 745 So.2d 1026, 1027 (Fla. 2d DCA 1999); Bonebright, 742 So.2d at 291 .
discussed
Cited "see"
State v. Yarn
(2×)
also: Cited "see, e.g."
See State v. Gay, 960 So.2d 864, 867 (Fla. 2d DCA 2007).
discussed
Cited "see"
State v. Terma
(2×)
In response to a motion to dismiss, the State may file a traverse, as provided for in Florida Rule of Criminal Procedure 3.190(d). [4] "The State need only specifically dispute a material fact alleged by the defendant or add additional material facts that meet the minimal requirement of a prima facie case." Kalogeropolous, 758 So.2d at 112 ; see State v. Gay, 960 So.2d 864, 867 (Fla. 2d DCA 2007).
Retrieving the full opinion text from the archive…
PENZOIL-QUAKER STATE and Ace USA, Appellants,
v.
Harry COOPER, Appellee.
v.
Harry COOPER, Appellee.
1D07-1636.
District Court of Appeal of Florida, First District.
Jul 12, 2007.
Per Curiam.
Cited by 1 opinion | Published
Jennifer L. Hodges of Jennifer L. Hodges, P.A., Miami, for Appellants.
William F. Souza, North Miami Beach, for appellee.
PER CURIAM.
We conclude that the order of the Judge of Compensation Claims being appealed herein is nonfinal and nonappealable, and therefore dismiss the appeal for lack of jurisdiction. Because any error in the interlocutory ruling at issue can be adequately remedied on appeal, we decline appellants' suggestion that we undertake certiorari review.
APPEAL DISMISSED.
ALLEN, WOLF, and POLSTON, JJ., concur.