Florida District Courts of Appeal, 1978

State v. Erp

Florida District Courts of Appeal · Decided December 6, 1978 · Conclusion, Cross, Dauksch, Kenneth, Leffler, Only

366 So. 2d 51; 1978 Fla. App. LEXIS 16829 (Southern Reporter, Second Series)

Cases that cite this one

12 later published cases cite this decision.

Vega v. Mahfuz (Fla. Dist. Ct. App. 1979)
Lofley v. Insultech, Inc. (Fla. Dist. Ct. App. 1988)
Hartsfield v. Orlando Regional Med. Ctr. (Fla. Dist. Ct. App. 1988)
Jenkins v. West (Fla. Dist. Ct. App. 1985)
Wills v. Snapper Creek Nursing Home (Fla. Dist. Ct. App. 1985)
Blanford v. Polk County (Fla. Dist. Ct. App. 1982)
Hannabass v. Florida Home Ins. Co. (Fla. Dist. Ct. App. 1981)
Albritton v. ST. FARM MUT. AUTO. INS. CO. (Fla. Dist. Ct. App. 1980)
Albritton v. State Farm Mutual Automobile Insurance (Fla. Dist. Ct. App. 1980)
R. W. King Construction Co. v. City of Melbourne (Fla. Dist. Ct. App. 1980)
Webber v. Jordan (Fla. Dist. Ct. App. 1979)
Shaw v. Peterson (Fla. Dist. Ct. App. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DAUKSCH, Judge.

.On appeal is an order granting a new trial. While we agree the trial court was correct in granting the new trial and perhaps the question of the arrest, search and seizure should be reconsidered we cannot now hold U. S. v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977) is determinative in this matter. For that reason we affirm the order granting the new trial but do not rule Chadwick to be law of the case.

AFFIRMED and REMANDED.

LEFFLER, KENNETH M.,' Associate Judge, concurs. CROSS, J., concurs only in conclusion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.