green
Positive treatment
11.6 score
Top citers, strongest first. 3 distinct citers.
cited
Cited as authority (rule)
FLEURIMOND BARTHELEMY v. SAFECO INSURANCE COMPANY OF ILLINOIS
Costa v. Aberle, 96 So. 3d 959, 963 (Fla. 4th DCA 2012).
discussed
Cited as authority (rule)
R.J. Reynolds Tobacco Co. v. Ciccone
“In order for a jury instruction to result in a miscarriage of justice, it must not only be erroneous or an incomplete statement of the law but also be confusing or misleading.” Costa v. Aberle, 96 So.3d 959, 963 (Fla. 4th DCA 2012) (citing Gross v. Lyons, 721 So.2d 304, 306 (Fla. 4th DCA 1998)).
discussed
Cited "see"
WILLIE LAFAYETTE and SOUTHEASTERN FREIGHT LINES, INC. v. RITA GENOVESE, Individually, and as Personal Representative of the Estate of MICHAEL GENOVESE
See Costa, 96 So. 3d at 962–63. “[T]o strike the appropriate balance between a party’s right to exercise peremptory challenges and the attempt to eliminate invidious discrimination in juror selection,” see Hayes v. State, 94 So. 3d 452 , 460–61 (Fla. 2012), receded from on other grounds, State v. Johnson, 295 So. 3d 710 (Fla. 2020), the Florida 6 Supreme Court laid out the following test in Melbourne for trial courts to use when dealing with a race-based objection to a peremptory challenge: A party objecting to the other side’s use of a peremptory challenge on racial grounds must: …
Maximo Fermin NOVO
v.
The STATE of Florida
v.
The STATE of Florida
No. 3D12-1555.
District Court of Appeal of Florida, Third District.
Jul 25, 2012.
Grisel Ybarra, Miami, for appellant., Pamela Jo Bondi, Attorney General, and Nicholas A. Merlin, Assistant Attorney General, for appellee.
Emas, Lagoa, Suarez.
Published
Affirmed. See Hernandez v. State, 61 So.3d 1144, 1151 (Fla. 3d DCA 2011), review granted, 81 So.3d 414 (Fla.2012).