Legal Opinion

Ellsworth v. State

District Court of Appeal of Florida

Decided June 8, 2012No. 2D11-649PublishedCited by 2 opinions

1Opinion of the Court

WHATLEY, Judge.

Alfreda Ellsworth appeals her judgment and sentence for failure to redeliver hired or leased personal property, arguing that the trial court erred in denying her motion to dismiss. Ellsworth asserted in her motion that her lease agreement did not contain the language necessary to maintain a prosecution pursuant to section 812.155(6), Florida Statutes (2009).1 We agree with Ellsworth that her motion to dismiss should have been granted and we reverse.

Section 812.155(6) provides as follows:

NOTICE REQUIRED. — As a prerequisite to prosecution under this section, the following…

2Cases cited8 opinions

  1. Daniels v. Florida Dept. of HealthSupreme Court of Florida · 2005
  2. Perkins v. StateSupreme Court of Florida · 1991
  3. Florida Department of Children & Family Services v. P.E.Supreme Court of Florida · 2009
  4. Johnson v. StateSupreme Court of Florida · 2012
  5. State v. ByarsSupreme Court of Florida · 2002

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Frisco, Frisco v. State Farm Florida Insurance CompanyDistrict Court of Appeal of Florida · 2025
  2. STATE OF FLORIDA v. ROBERT SAMPAIODistrict Court of Appeal of Florida · 2020

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