Logourl black
From our private database of 14,000+ case briefs...

Cladd v. State

Supreme Court of Florida
398 So.2d 442 (1981)


Facts

Leroy Cladd (defendant) was charged with burglary and attempted burglary after he broke through the locked door of his wife’s apartment with a crowbar, struck her, and attempted to throw her over the second-floor railing. The following morning, Cladd again attempted to break into his wife’s apartment but fled when the police arrived. Cladd filed a motion to dismiss the charges, claiming that because the victim was his wife, he was licensed or invited to enter her apartment as a matter of law. At the time of the incident, Cladd and his wife had been separated for approximately six months. However, there was no formal separation agreement. Additionally, Cladd had no ownership or possessory interest in his wife’s apartment and at no time lived there. The trial court agreed and dismissed the charges in reliance on Vasquez v. State, 350 So.2d 1094 (Fla. App. 1977). The state appealed. The appellate court reversed and held that although each spouse had a legal right to each other’s company, also known as consortium, such consortium did not include the right to break and enter the other spouse’s dwelling with the intent to commit a criminal offense. Cladd appealed. The Florida Supreme Court granted certiorari to review.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Alderman, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Dissent (England, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

Dissent (Boyd, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.