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SMITH v. BARTLETT

No. 90-721.

570 So.2d 360 (1990)

Aurelian SMITH, Jr., Appellant, v. John M. BARTLETT, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 3, 1990.

Attorney(s) appearing for the Case

Dwight Chamberlin of Monaco, Smith, Hood & Perkins, Daytona Beach, for appellant.

Diego Handel, Ormond Beach, for appellee.

HARRIS, Judge.

Aurelian Smith, Jr. was found guilty of aggravated battery against John M. Bartlett. Although adjudication of guilt was withheld, Smith was placed on probation and ordered to pay restitution. In this civil action for damages which followed the criminal trial, the trial court entered a partial summary judgment determining liability of Smith based on section 775.089(8), Florida Statutes (1989) which provides:

(8) The conviction of a defendant...

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