ELDA SANTIERO MARTINEZ AND HIGHLANDS INSURANCE COMPANY, APPELLANTS,
v.
MARIA ELENA S. PEREIRA, ALFREDO F. PEREIRA, FLORIDA TENT RENTAL, INC., AND POUPARINA FLOWERS, APPELLEES

Fla. 3d DCA | 1983-05-17
No. 82-1402
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
431 So. 2d 326 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 16 cases

Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

Having requested the court to grant a “directed verdict or, alternatively, ... a new trial or, alternatively, ... remittitur ...,” appellant may not cite as error the trial court’s grant of remittitur. Sonson v. Nelson, 357 So. 2d 747 (Fla. 3d DCA 1978); Holmes v. School Board of Orange County, 301 So. 2d 145 (Fla. 4th DCA 1974); Arsenault v. Thomas, 104 So. 2d 120 (Fla. 3d DCA 1958).

Affirmed.


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  • Jones v. State, 453 So. 2d 1192 (Fla. 3d DCA 1984)
    …o the co-defendant’s sexual assault upon the victim could serve no purpose other than to prejudice and inflame the.minds of the jury against him. While we believe such references to have been zealous overkill, and thus erroneous, cf. Rolle v. State, 431 So. 2d 326 (Fla. 3d DCA 1983), we find that the error, given the totality of the circumstances as reflected by the trial record, was not prejudicial to the substantial rights of the appellant. The issue presented herein involves application of the harmless er…
  • Cefice Jenkins v. State, 533 So. 2d 297 (Fla. 1st DCA 1988)
    …a Jones and Lakatter Thompson violated the principles of fair play set forth in Hirsch v. State and was irrelevant. As a general rule, evidence of wrongdoing on the part of a third party is inadmissible as irrelevant to a given case. Rolle v. State, 431 So. 2d 326 (Fla. 3d DCA 1983); Armstrong v. State; Banks v. State. Moreover, the State made the evidence a key issue in the case when the prosecutor mentioned it both in his opening statement and closing argument, and called four witnesses to testify concerni…
  • West v. State, 579 So. 2d 288 (Fla. 3d DCA 1991)
    …car was a stolen vehicle was, in our view, irrelevant other-crimes evidence as there is no evidence that the defendant committed the offense of car theft or aided in the commission of same. State v. Norris, 168 So. 2d 541 (Fla.1964); Rolle v. State, 431 So. 2d 326 (Fla. 3d DCA 1983); Chapman v. State, 417 So. 2d 1028, 1031 (Fla. 3d DCA 1982). We are convinced beyond a reasonable doubt, however, that this evidence had no impact whatever on the outcome of this case. Not only was the defendant positively identif…

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