Sealey v. State, 379 So. 2d 430 (Fla. 2d DCA 1980). · Go Syfert
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Sealey v. State, 379 So. 2d 430 (Fla. 2d DCA 1980). Cases Citing This Book View Copy Cite
9 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Flaig Ex Rel. Palmcrest Homes of Tampa Bay, LLC v. Sullivan (fladistctapp, 2014-07-18)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Flaig Ex Rel. Palmcrest Homes of Tampa Bay, LLC v. Sullivan
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Perry, 379 So.2d at 430 (treating order ostensibly abating suit as a stay order based on the apparent intent of the order); see also Dep’t of Children & Families v. L.D., 840 So.2d 432, 434 (Fla. 5th DCA 2003) (same).
discussed Cited "see" State v. Hamilton
Fla. · 1995 · signal: see · confidence high
See Sealey v. State, 379 So.2d 430 (Fla. 2d DCA 1980); Tobler v. State, 371 So.2d 1043 (Fla. 1st DCA), cert. denied, 376 So.2d 76 (Fla. 1979); Greer v. State, 354 So.2d 952, 953 (Fla. 3d DCA 1978); DeGeorge v. State, 358 So.2d 217, 220 (Fla. 4th DCA 1978). [12] It would also be unworkable, in our view, to require a court and jury to apply a constitutional privacy analysis to determine the extent of the "curtilage" every time a burglary was charged. [13] Of course, if the trial court's instruction to the jury had been correct, we would find any error in this regard harmless and not a valid inde…
Retrieving the full opinion text from the archive…
Lucius SEALEY, Appellant,
v.
STATE of Florida, Appellee.
79-1366.
District Court of Appeal of Florida, Second District.
Jan 30, 1980.
379 So. 2d 430
Per Curiam.
Cited by 7 opinions  |  Published

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. We agree with the decisions of the First, Third, and Fourth District Courts of Appeal that Section 810.011(1),[*431] Florida Statutes, extends the application of curtilage to the area surrounding any building, not just a dwelling, for purposes of defining a burglary. Tobler v. State, 371 So.2d 1043 (Fla. 1st DCA 1979); DeGeorge v. State, 358 So.2d 217 (Fla. 4th DCA 1978); Greer v. State, 354 So.2d 952 (Fla. 3d DCA 1978).

GRIMES, C.J., and SCHEB and OTT, JJ., concur.