JOHN W. MELTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOHN W. MELTON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
404 So. 2d 798
Florida District Court of Appeal, Third District (1981)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
We have carefully considered each of the points on appeal and find no reversible error. The statement attributed to the deceased placing defendant at scene of crime was inadmissible hearsay but harmless error where defendant’s presence at scene of the crime was established by other competent evidence. See, e. g., Roth v. State, 359 So. 2d 881 (Fla.3d DCA 1978), cert. denied, 367 So. 2d 1126 (Fla.1979).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Coral Springs Roofing Co., Inc. v. Mr. G.S. Campagna, 528 So. 2d 557 (Fla. 4th DCA 1988)…it a presumption of correctness. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979). Defense of that judgment also by necessity involves the advancement of justiciable issues. See Enoch Associates, Inc. v. Moult Investments, Ltd., 404 So. 2d 798 (Fla. 3d DCA 1981). Here, Coral was successful in the county court, and on appeal to the circuit court, it merely sought to uphold the county court’s ruling. As such, it cannot be found that Campagna was entitled to recover attorney’s fees after be…
-
West v. State, 442 So. 2d 321 (Fla. 3d DCA 1983)…PER CURIAM. Affirmed. Harris v. State, 414 So. 2d 242 (Fla. 3d DCA 1982); Melton v. State, 404 So. 2d 798 (Fla. 3d DCA 1981).…
-
McNEE v. BIZ, 473 So. 2d 5 (Fla. 4th DCA 1985)…t a presumption of correctness, Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979), and the defense of that judgment necessarily involved the advancement of justiciable issues. See Enoch Associates, Inc. v. Moult Investments, Ltd., 404 So. 2d 798 (Fla. 3d DCA 1981). Thus, the circuit court, sitting in its appellate capacity, departed from the essential requirements of law when it found no justiciable issue of law or fact and awarded attorney’s fees. Accordingly, we grant certiorari and quas…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roth v. State, 359 So. 2d 881 (Fla. 3d DCA 1978)