JOHN J. RUZICKA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; DOUGLAS J. LEIGHTON, APPELLANT, V. STATE OF FLORIDA, APPELLEE
PER CURIAM.
Defendants’ convictions were substantially predicated on circumstantial evidence. Nonetheless, we affirm on the authority of Rose v. State, 425 So. 2d 521 (Fla.1982). Although we find that the trial court’s refusal to instruct on circumstantial evidence did not constitute error, we wish to note that a trial court retains discretion to give an instruction on circumstantial evidence if the court “feels that such is necessary under the peculiar facts of a specific case.” See, In re Standard Jury Instructions in Criminal Cases (Fla. unpublished opinion, Case Nos. 56,734 and 58,799, filed April 16, 1981) [6 FLW 305]; reprinted in pertinent part, Perdue v. State, 421 So. 2d 816 (Fla. 4th DCA 1982).
ANSTEAD, HERSEY and HURLEY, JJ., concur.
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Seymour Singer v. Florentino Borbua, 497 So. 2d 279 (Fla. 3d DCA 1986)…was ample evidence that the defendants breached a duty of care owed to the plaintiff as an invitee and reject the defendants’ arguments to the contrary. See Handel v. Rudnick, 78 So. 2d 709, 710 (Fla.1955); Whitten v. State Farm Fire & Casualty Co., 430 So. 2d 528, 529-30 (Fla. 4th DCA 1983); Cleaver v. Dade County, 272 So. 2d 559, 561 (Fla. 3d DCA 1973). Accordingly, the trial court did not commit error, as urged, in failing to enter judgment for the defendants by denying defense motions for a directed verdi…
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Marr v. State, 470 So. 2d 703 (Fla. 1st DCA 1985)…till retains authority in a proper case to give such instruction if he or she considers it appropriate due to the particular facts involved. Williams v. State, 437 So. 2d 133 (Fla.1983); Rembert v. State, 445 So. 2d 337 (Fla.1984); Ruzicka v. State, 430 So. 2d 528 (Fla. 4th DCA 1983), rev. denied, 440 So. 2d 353 (Fla.1983). The discretion vested in a trial judge to instruct the jury on the relevant law is reflected also in Florida Rule of Criminal Procedure 3.985, pertaining to standard jury instructions, al…
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Pritchett v. Jacksonville Auction, Inc., 449 So. 2d 364 (Fla. 1st DCA 1984)…y v. Kight, 431 So. 2d 653 (Fla. 5th DCA 1983). Moreover, a directed verdict in a negligence action should only be entered if the plaintiff could not recover under any reasonable view of the evidence. Whitten v. State Farm Fire and Casualty Company, 430 So. 2d 528 (Fla. 4th DCA 1983). This rule is particularly important in cases where, as here, the doctrine of comparative negligence applies. See Reinhart v. Seaboard Coast Line Railroad Company, 422 So. 2d 41 (Fla. 2d DCA 1982). Reversed and remanded for new…
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- Rose v. State, 425 So. 2d 521 (Fla. 1982)
- Perdue v. State, 421 So. 2d 816 (Fla. 4th DCA 1982)