From Casetext: Smarter Legal Research

Starkey v. Chew

District Court of Appeal of Florida, Third District
Dec 15, 1970
241 So. 2d 870 (Fla. Dist. Ct. App. 1970)

Opinion

No. 70-261.

December 15, 1970.

Appeal from the Circuit Court for Dade County, Francis X. Knuck, J.

Julius H. Erstling, So. Miami, and R.M. MacArthur, Miami, for appellant.

Patton, Kanner, Tietig Segal and Donald W. Stobs, Jr., Miami, for appellee.

Before PEARSON, C.J., and HENDRY and SWANN, JJ.


The appellant, who was plaintiff in the trial court, appeals a final judgment entered pursuant to a jury verdict for the defendant. The first assignment of error is that the court erred in admitting into evidence defendant's exhibit. The brief does not argue this assignment of error; it is therefore abandoned.

The second assignment of error is that the court erred in denying plaintiff's motion for a directed verdict made at the close of all of the evidence. A review of the record convinces us that jury issues were presented in this cause.

By leave of court the appellant amended his assignments of error and added assignments three, four and five. Assignment three urges that the court erred in its charges to the jury. The record affirmatively shows that the appellant did not object to the instruction given; therefore the assignment directed to the instruction may not now be considered. Rule 1.470(b) RCP, 30 F.S.A. Appellant's assignment four is insufficient. Municipal Court In and For Coral Gables v. Giblin, Fla.App. 1961, 126 So.2d 285; Gregg v. State Road Department, Fla.App. 1962, 140 So.2d 328. Appellant's fifth assignment of error claims the court erred in the denial of post-trial motions. We have examined the record in the light of this assignment and the points raised on appeal and find that no error has been demonstrated.

Affirmed.


Summaries of

Starkey v. Chew

District Court of Appeal of Florida, Third District
Dec 15, 1970
241 So. 2d 870 (Fla. Dist. Ct. App. 1970)
Case details for

Starkey v. Chew

Case Details

Full title:JOHN L. STARKEY, SR., AS ADMINISTRATOR OF THE ESTATE OF JOHN L. STARKEY…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 15, 1970

Citations

241 So. 2d 870 (Fla. Dist. Ct. App. 1970)

Citing Cases

Estate of Williams ex rel. Williams v. Tandem Health Care of Florida, Inc.

This requirement has been iterated in numerous decisions. See, e.g., Adams v. Royal Exchange Assur., 62 So.2d…

Tabraue v. Doctors Hosp., Inc.

We also dispose of the allegation that Florida common law imposes a non-delegable duty on the Hospital. The…