State v. Josephine Demere

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008 STATE OF FLORIDA, Appellant, v. Case No. 5D07-1160 JOSEPHINE DEMERE, Appellee. ________________________________/ Decision filed May 16, 2008 Appeal from the Circuit Court for Orange County, Bob Wattles, Judge. 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., conc urs specially, with opinion. 5D07-1160 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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