Smith v. State, 79 So. 3d 127 (Fla. 3d DCA 2012). · Go Syfert
Smith v. State, 79 So. 3d 127 (Fla. 3d DCA 2012). Cases Citing This Book View Copy Cite
29 citation events (29 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) McKenzie v. United States Tennis Association Incorporated
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
an exception exists when the employee purported to act on behalf of the employer or when the employee was aided by the agency relationship.
discussed Cited as authority (verbatim quote) Charnesha Alexander v. USA (2×) also: Cited as authority (rule)
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
the sexual assault was not within the course and scope of her employment because the act was not in furtherance of her em- ployment.
cited Cited as authority (rule) Fleischman v. Forest Trail Academy, LLC
S.D. Fla. · 2025 · confidence medium
Assocs., Inc., 79 So. 3d 127, 132 (Fla. Dist.
discussed Cited as authority (rule) Means v. Lyft, Inc. (2×) also: Cited "see, e.g."
N.D. Cal. · 2024 · confidence medium
Assoc., Inc., 79 So.3d 127, 132 (Fla. Dist.
discussed Cited as authority (rule) McKenzie v. United States Tennis Association Incorporated
M.D. Fla. · 2024 · confidence medium
Assocs., Inc., 79 So. 3d 127, 132 (Fla. 5th DCA 2012) (finding a counselor tasked with rehabilitating troubled youths at a group home, in part through “physical encouragement in the form of hugging and hand-holding,” was not aided by her employment in having sex with one of the youths outside of any counseling).
cited Cited as authority (rule) Sanguinetti v. Rambosk
M.D. Fla. · 2023 · confidence medium
Assocs., Inc., 79 So. 3d 127, 132 (Fla. 5th DCA 2012) (citation omitted).
cited Cited as authority (rule) DeSimone v. Flagler County
M.D. Fla. · 2023 · confidence medium
Assocs., Inc., 79 So. 3d 127, 132 (Fla. 5th DCA 2012)).
discussed Cited as authority (rule) Doe v. Willis (2×)
M.D. Fla. · 2023 · confidence medium
Assocs., Inc., 79 So. 3d 127, 132 (Fla. 5th DCA 2012) (internal citation omitted).
discussed Cited as authority (rule) Taylor v. Wagner
M.D. Fla. · 2021 · confidence medium
Assocs., Inc., 79 So. 3d 127, 132 (Fla. 1st DCA 2012) (citing Sussman v. Fla. E.
discussed Cited as authority (rule) Reillo v. Alternate Health USA, Inc. (2×) also: Cited "see"
M.D. Fla. · 2020 · confidence medium
Assocs., Inc., 79 So. 3d 127, 132 (Fla. 5th Dist.
cited Cited as authority (rule) CRMSuite Corporation v. General Motors Company
M.D. Fla. · 2020 · confidence medium
Assocs., Inc., 79 So. 3d 127, 132 (Fla. 5th DCA 2012).
cited Cited as authority (rule) Angel Hunter v. United States
11th Cir. · 2020 · confidence medium
Assocs., Inc., 79 So. 3d 127, 132 (Fla. 5th DCA 2012).
discussed Cited as authority (rule) G4s Secure Solutions USA, Inc., Etc. v. Golzar (2×)
Fla. Dist. Ct. App. · 2016 · confidence medium
Assocs, Inc., 79 So. 3d 127, 132 (Fla. 5th DCA 2012).
cited Cited as authority (rule) Cook v. Bay Area Renaissance Festival of Largo, Inc.
Fla. Dist. Ct. App. · 2015 · confidence medium
Assocs., Inc., 79 So.3d 127,131 (Fla. 5th DCA 2012).
discussed Cited "see" Jamiese Gabriel Johnson v. All Construction Resources, Inc.
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Goss v. Human Services Assocs., Inc., 79 So. 3d 127, 132 (Fla. 5th DCA 2012) (“ ‘The general rule is that an employer cannot be held liable for the tortious or criminal acts of an employee, unless they were committed during the course of the employment to further a purpose or interest . . . of the employer.’ The question of whether an employee is acting within the course and scope of employment, where the facts are not in dispute, is that of law.”) (internal citations omitted)); Sussman v. Fla. East Coast Props., Inc., 557 So. 2d 74, 75-76 (Fla. 3d DCA 1990) (“The conduct of an e…
discussed Cited "see" Roche v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Smith v. State, 79 So.3d 127 (Fla. 3d DCA 2012); Little v. State, 77 So.3d 722 (Fla. 3d DCA 2011); Adams v. State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); see also Flagg v. State, 74 So.3d 138, 141 (Fla. 1st DCA 2011) (citing State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011) [review granted, 71 So.3d 117 (Fla.2011) ], and acknowledging “the uncertainty caused by Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011)]” but reaffirming its view that section 893.13 …
discussed Cited "see" Walker v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Smith v. State, 79 So.3d 127 (Fla. 3d DCA 2012); Little v. State, 77 So.3d 722 (Fla. 3d DCA 2011); Adams v. State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); see also Flagg v. State, 74 So.3d 138, 141 (Fla. 1st DCA 2011) (citing State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011) [review granted, 71 So.3d 117 (Fla.2011) ], and acknowledging “uncertainty caused by Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011)” but reaffirming its view that section 893.13 is co…
discussed Cited "see" Gonzalez v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Smith v. State, 79 So.3d 127 (Fla. 3d DCA 2012); Little v. State, 77 So.3d 722 (Fla. 3d DCA 2011); Adams v. State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); see also Flagg v. State, 74 So.3d 138, 141 (Fla. 1st DCA 2011) (citing State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011) [review granted, 71 So.3d 117 (Fla.2011) ], and acknowledging “the uncertainty caused by Shelton [v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011) ]” but reaffirming its view that section 893.1…
discussed Cited "see" Giraldo v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Smith v. State, 79 So.3d 127 (Fla. 3d DCA 2012); Little v. State, 77 So.3d 722 (Fla. 3d DCA 2011); Adams v. State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); see also Flagg v. State, 74 So.3d 138, 141 (Fla. 1st DCA 2011) (citing State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011) [review granted, 71 So.3d 117 (Fla.2011) ], and acknowledging “uncertainty caused by [Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011) ]” but reaffirming its view that section 893.13 is…
Retrieving the full opinion text from the archive…
Jerry W. SMITH, Appellant,
v.
the STATE of Florida, Appellee
3D11-3108.
District Court of Appeal of Florida, Third District.
Jan 25, 2012.
79 So. 3d 127
Jerry W. Smith, in proper person., Pamela Jo Bondi, Attorney General, for appellee.
Shepherd, Cortiñas, Lagoa.
Cited by 4 opinions  |  Published
PER CURIAM.

Affirmed. See Adams v. State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); Little v. State, 77 So.3d 722 (Fla. 3d DCA 2011) (same).