CHARLES ATWOOD D/B/A MIRACLE STRIP SECURITY SERVICE AND KENT INSURANCE COMPANY, APPELLANTS,
v.
RUBEN HENDRIX, APPELLEE

Fla. 1st DCA | 1983-10-25
No. AS-62
SHIVERS and ZEHMER, JJ., concur.
439 So. 2d 973 Florida District Court of Appeal, First District (1983) Negative Treatment
Cited by 20 cases

Opinion of the Court
MILLS, Judge.

MILLS, Judge.

The issue in this appeal is whether the trial court erred when it failed to find that Hendrix, the plaintiff below, was guilty of comparative negligence as a matter of law for running in the dark in a strange and unfamiliar area. The record shows, however, that this issue was never raised below. Issues not presented to the trial court will not be considered for the first time on appeal. Dober v. Worrell, 401 So. 2d 1322 (Fla. 1981).

AFFIRMED.

SHIVERS and ZEHMER, JJ., concur.


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Cited By (20 total)

  • Parrish v. Dougherty, 505 So. 2d 646 (Fla. 1st DCA 1987)
    …was insufficient to support a judgment against her. Because this issue was not presented to the trial court, and thus was not preserved for appellate review, we decline to address it. Dober v. Worrell, 401 So. 2d 1322 (Fla.1981); Atwood v. Hendrix, 439 So. 2d 973 (Fla. 1st DCA 1983). Finally, appellants argue that the trial court erred in awarding both liquidated and [*649] actual damages for the same injury. For the reasons now discussed we agree that this ruling was error. First, we note that the obligat…
  • Multitech Corp. v. ST. Johns Bluff Inv. Corp., 518 So. 2d 427 (Fla. 1st DCA 1988)
    …l not consider or rule upon questions that were not presented to the trial court, we do not address St. Johns’ purported lack of standing to enforce the provisions of the contract. See Dober v. Worrell, 401 So. 2d 1322 (Fla.1981); Atwood v. Hendrix, 439 So. 2d 973 (Fla. 1st DCA 1983). Multitech asserted that St. Johns lacked standing to enforce the provisions of the contract because it was not listed as seller on the closing statement. The record reflects that this specific standing argument was not raised in…
  • D'Anna v. State, 453 So. 2d 151 (Fla. 1st DCA 1984)
    …tion of the defendant rendered in-court, Loftin, supra at 71, whether the photographs were “cropped” so as to hide the identity of the photographing agency, Houston v. State, supra at 469, whether a curative instruction was given, Marshall v. State, 439 So. 2d 973, 974 (Fla. 3d DCA 1983), and the extent to which the photographs or reference to them at trial refer to a defendant’s past criminal record. Sims v. State, 444 So. 2d 922 (Fla.1983); see also Loftin v. State, supra at 71, (question is the extent to w…

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