State v. Van Johnson, 386 So. 2d 1316 (Fla. 4th DCA 1980). · Go Syfert
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State v. Van Johnson, 386 So. 2d 1316 (Fla. 4th DCA 1980). Cases Citing This Book View Copy Cite
15 citation events (8 in the last 25 years) across 4 distinct courts.
Strongest positive: Bae Systems Information & Electronics Systems Integration, Inc. v. Spacekey Components, Inc. (nhd, 2013-04-22)
Top citers, strongest first. 3 distinct citers.
examined Cited "see" Bae Systems Information & Electronics Systems Integration, Inc. v. Spacekey Components, Inc. (3×)
D.N.H. · 2013 · signal: see · confidence high
See id. at 1317 .
discussed Cited "see" Paul Gottlieb & Co. v. Alps South Corp.
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Adam Metal Supply, Inc. v. Electrodex, Inc., 386 So.2d 1316 (Fla. 2d DCA 1980) (holding a buyer's expenses incurred before discovering a defect are recoverable as incidental damages).
discussed Cited "see" Gilbert v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Negron v. State, 306 So.2d 104, 108 (Fla.1974) (overruling on other grounds recognized by State v. Van Johnson, 386 So.2d 1316 (Fla. 4th DCA 1980), and State v. Pernell, 388 So.2d 1105 (Fla. 4th DCA 1980)).
STATE of Florida, Appellant,
v.
James VAN JOHNSON, Appellee.
79-2154.
District Court of Appeal of Florida, Fourth District.
Aug 27, 1980.
386 So. 2d 1316
Letts.
Cited by 4 opinions  |  Published

Michael J. Satz, State's Atty. and Patti Englander, Asst. State's Atty., Fort Lauderdale, for appellant.

Victor Tobin, Fort Lauderdale, for appellee.

LETTS, Chief Judge.

This cause is reversed. We see no need to belabor the facts. On July 24, 1980, the Supreme Court in Butterworth v. Fluellen (Fla. Case No. 57,385, Opinion filed July 24, 1980) receded from Negron v. State, 306 So.2d 104 (Fla. 1974), for the very reason that we expressed doubt about when we followed Negron in State v. Reese, 359 So.2d 33 (Fla. 4th DCA 1978), cert. den. 365 So.2d 715 (Fla. 1978).[1]

The Supreme Court having receded from Negron, it is now our turn to recede from Reese.

REVERSED AND REMANDED.

BERANEK, J., and WESSEL, JOHN D., Associate Judge, concur.

1 See also the Florida Bar, Rules of Criminal Procedure, 385 So.2d 1367 (Fla. 1980) which has modified FRCP 3.191(d), (e).