Hunter v. McCall, 198 So. 3d 1151 (Fla. 1st DCA 2016). · Go Syfert
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Hunter v. McCall, 198 So. 3d 1151 (Fla. 1st DCA 2016). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: WALKER, HESS v. BANKERS LIFE AND CASUALTY COMPANY (fladistctapp, 2024-12-04)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) WALKER, HESS v. BANKERS LIFE AND CASUALTY COMPANY
Fla. Dist. Ct. App. · 2024 · confidence medium
Moreover, "the legislature does not ordinarily use different words to mean the same thing" and the "use of different terms in different portions of the same statute is strong evidence that different meanings were intended." Burgess v. State, 198 So. 3d 1151, 1157 (Fla. 2d DCA 2016) (first citing Reiter v. Sonotone Corp., 442 U.S. 330 , 339 (1979); and then quoting Maddox v. State, 923 So. 2d 442, 446 (Fla. 2006)).
discussed Cited as authority (rule) JAMES WILLIAM BRAINE v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
"We resort to other rules of statutory construction only where the statute is ambiguous in the sense that it could be reasonably understood to mean two different things." Burgess v. State, 198 So. 3d 1151, 1155 (Fla. 2d DCA 2016) (citing Fajardo v. State, 805 So. 2d 961, 963-64 (Fla. 2d DCA 2001)). -3- Section 775.08435(1) restricts the court's discretion to withhold adjudication.
discussed Cited as authority (rule) Lewars v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
"We resort to other rules of statutory construction only where the statute is ambiguous in the sense that it could be reasonably understood to -4- mean two different things." Burgess v. State, 198 So. 3d 1151, 1155 (Fla. 2d DCA 2016).
discussed Cited "see" STATE OF FLORIDA v. CHESTER RALPH KWITOWSKI, JR. (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Burgess, 198 So. 3d at 1159 .
cited Cited "see" Alphonso Finney v. State of Florida
Fla. Dist. Ct. App. · 2017 · signal: accord · confidence high
Accord Burgess v. State, 198 So.3d 1151 (Fla. 2d DCA 2016) (review pending in case no.
discussed Cited "see, e.g." PATTY DAVIS v. SHERIDAN HEALTHCARE, INC. AND SHERIDAN RADIOLOGY SERVICES OF PINELLAS, INC.
Fla. Dist. Ct. App. · 2019 · signal: see also · confidence medium
See, e.g., Fortune v. Gulf Coast Tree Care, Inc., 148 So. 3d 827 (Fla. 1st DCA 2014). - 20 - (Fla. 1st DCA 1984)); see also Burgess v. State, 198 So. 3d 1151, 1157 (Fla. 2d DCA 2016) (en banc) ("[T]he legislature does not ordinarily use different words to mean the same thing.").
discussed Cited "see, e.g." SHAWN E. MYERS v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · signal: compare · confidence low
Compare Carroll v. State, 761 So. 2d 417 (Fla. 2d DCA 2000) (upholding a conviction under section 322.34(5) even though the defendant had never had a driver's license), receded from, Burgess v. State, 198 So. 3d 1151 (Fla. 2d DCA 2016); Newton v. State, 898 So. 2d 1133, 1134 (Fla. 4th DCA 2005) (following Carroll); and State v. Bletcher, 763 So. 2d -2- 1277, 1278 (Fla. 5th DCA 2000) (same), with Crain v. State, 79 So. 3d 118, 122 (Fla. 1st DCA 2012) (concluding that possession of a driver's license was required to support a conviction under section 322.34(5)).
discussed Cited "see, e.g." John Eugene Williams, III v. State of Florida
Fla. Dist. Ct. App. · 2018 · signal: see also · confidence medium
Id. at 564-65 (noting that the Legislature has not created enhanced penalties for persons who accumulate multiple violations of section 322.03); see also Burgess v. State, 198 So. 3d 1151, 1156-58 (Fla. 2d DCA 2016) (en banc) (interpreting “driving privilege” as “encompass[ing] an individual’s ability to operate a motor vehicle in accord with law” and “at least includ[ing] both the ability to drive as conferred by a driver’s license and the legal ability to drive as conferred by an exemption from licensure”).
Retrieving the full opinion text from the archive…
Linda Gant HUNTER and Jericka Kiondra Linshae Hunter
v.
Carolyn D. McCALL, Joshua Louis George Soloman and R & L Enterprises of Kentucky, Inc. d/b/a Papa Johns Pizza
No. 1D16-2578.
District Court of Appeal of Florida, First District.
Aug 31, 2016.
198 So. 3d 1151
M. Kevin Hausfeld, Pensacola, for Appellants., Mark D. Tinker, Charles W. Hall, and DeeAnn Petika McLemore,' of Banker Lopez Gassier P.A., St. Petersburg, and Brian H. Kirkland, of Kirkland & McGhee, P.A., Pensacola, no appearance, for Appel-lees. '
Lewis, Osterhaus, Wolf.
Published
PER CURIAM.-

DISMISSED. See Rogers v. Salem Leasing Corp., 881 So.2d 728 (Fla. 1st DCA 2004); Baron v. Provencial, 908 So.2d 526 (Fla. 4th DCA 2005). Cf Travelers Indem. Co. v. Walker, 401 So.2d 1147 (Fla. 3d DCA 1981).

WOLF, LEWIS, and OSTERHAUS, JJ., concur.