BILLY D. GARLAND, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1981-09-16
No. 80-554
DAUKSCH, C. J., and ORFINGER, J., concur.
404 So. 2d 772 Florida District Court of Appeal, Fifth District (1981) Positive Treatment
Cited by 29 cases

Opinion of the Court
COWART, Judge.

COWART, Judge.

Appellant seeks reversal on the ground that a severance should have been granted so he could call his co-defendant as a witness. There is some indication that a severance should have been granted but we find that appellant failed to present the matter in accordance with State v. Talavera, 243 So. 2d 595 (Fla. 1971), and, therefore,

AFFIRM.

DAUKSCH, C. J., and ORFINGER, J., concur.


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  • Merrill v. Lelia C. Benton, 467 So. 2d 311 (Fla. 5th DCA 1985)
    …he sole ground that he signed it without reading it. Allied Van Lines, Inc. v. Bratton, 351 So. 2d 344, 347 (Fla.1977). See Credit Alliance Corp. v. Westland Mach. Co., Inc., 439 So. 2d 332 (Fla. 3d DCA 1983); Sabin v. Lowe’s of Fla., Inc., [*313] 404 So. 2d 772 (Fla. 5th DCA 1981); Alejano v. Hartford Acc. and Indem. Co., 378 So. 2d 104 (Fla. 3d DCA 1979); John Deere Indus. Equipment Co. v. Roberts, 362 So. 2d 65 (Fla. 1st DCA 1978); Reliable Finance Co. v. Axon, 336 So. 2d 1271 (Fla. 2d DCA 1976); Manufac…
  • Sami Qubty v. Rasiklal Nagda, 817 So. 2d 952 (Fla. 5th DCA 2002)
    …other party to refrain from reading the contract, it is binding. No party to a written contract in this state can defend against its enforcement on the sole ground that he signed it without reading it. Id. at 347-348. Accord Sabin v. Lowe’s, Inc., 404 So. 2d 772 (Fla. 5th DCA 1981) (“A party has a duty to learn and know the contents of a proposed contract before he signs and delivers it and is presumed to know and understand its contents, terms and conditions.”). Here, there is no allegation that the Nagdas…
  • Onderko v. Advanced Auto Ins., Inc., 477 So. 2d 1026 (Fla. 2d DCA 1985)
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