Florida District Courts of Appeal, 2008

State v. DEMERE

State v. DEMERE
Florida District Courts of Appeal · Decided May 16, 2008 · Per Curiam
981 So. 2d 1250; 2008 WL 2064656 (Southern Reporter, Second Series)

State v. DEMERE

Opinion

981 So.2d 1250 (2008)

STATE of Florida, Appellant,
v.
Josephine DEMERE, Appellee.

No. 5D07-1160.

District Court of Appeal of Florida, Fifth District.

May 16, 2008.

Bill McCollum, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellant.

Paula C. Coffman, Orlando, for Appellee.

PER CURIAM.

AFFIRMED.

GRIFFIN and ORFINGER, JJ., concur.

EVANDER, J., concurs specially, with opinion.

EVANDER, J., concurring specially.

I would simply observe that when an attorney refuses to present any evidence at a pretrial hearing because he disagrees with the trial court's determination as to which party has the burden of proof, he does so at considerable risk.

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