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McDowell v. Guinta

District Court of Appeal of Florida, Fourth District
Nov 17, 1982
421 So. 2d 810 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1134.

November 17, 1982.

Appeal from Circuit Court, Broward County; Gene Fischer, Judge.

George E. Gleason of Sullivan, Ranghan, Bailey Gleason, P.A., Pompano Beach, for appellants.

Robert W. Sidweber of Toothaker Sidweber, Fort Lauderdale, for appellee.


Although appellants have demonstrated procedural error, they have failed to establish that they were prejudiced thereby. The record reflects several technical procedural errors by the trial court in allowing the appellee to proceed on pleadings that would usually merit dismissal with an opportunity to replead. Notwithstanding these errors the substance of the appellee's claims were properly before the court, and the appellants were sufficiently apprised of those claims to bar the necessity of a retrial. This was, in essence, the view of the trial court in allowing the appellee to present her claims to the jury. Obligated as we are not to place form over substance, the trial court's decision should be affirmed.

AFFIRMED.

ANSTEAD, BERANEK and GLICKSTEIN, JJ., concur.


Summaries of

McDowell v. Guinta

District Court of Appeal of Florida, Fourth District
Nov 17, 1982
421 So. 2d 810 (Fla. Dist. Ct. App. 1982)
Case details for

McDowell v. Guinta

Case Details

Full title:LLOYD L. McDOWELL AND TRAILER RANCH, INC., A FLORIDA CORPORATION…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 17, 1982

Citations

421 So. 2d 810 (Fla. Dist. Ct. App. 1982)

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