FLORIDA POWER & LIGHT COMPANY, APPELLANT,
v.
PHILLIP KENNEDY, ETC., APPELLEE

Fla. 5th DCA | 1989-09-28
No. 88-694
DAUKSCH and COWART, JJ., concur.
549 So. 2d 247 Florida District Court of Appeal, Fifth District (1989) Positive Treatment
Cited by 4 cases


Opinion of the Court
DANIEL, Chief Judge.

DANIEL, Chief Judge.

Florida Power and Light Company appeals a judgment in favor of Michael Kennedy and his father in a negligence action. The suit was filed after Michael, a minor, came in contact with a power line owned by FPL and was severely injured. On appeal, FPL contends that the trial court erred in denying its motion for a new trial because counsel for the Kennedys made an improper “Golden Rule” argument during closing argument. FPL also contends that the trial court erred in limiting the scope of testimony from one of its experts as a sanction for a discovery violation. After carefully reviewing the record, we find no abuse of discretion in either ruling. See generally Mercer v. Raine, 443 So. 2d 944 (Fla.1983); Brinkerhoff v. Linkous, 528 So. 2d 1318 (Fla. 5th DCA 1988); Shaffer v. Ward, 510 So. 2d 602 (Fla. 5th DCA 1987).

Judgment AFFIRMED.

DAUKSCH and COWART, JJ., concur.


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  • Santa Caridad Perez v. State, 596 So. 2d 487 (Fla. 5th DCA 1992)
    …as tendered at the plea hearing. The trial judge did not concur, however, and changed the terms during the sentencing hearing. This was error since the court should have allowed the plea to be withdrawn. See Fla.R.Crim.P. 3.172(g). Jenkins v. State, 549 So. 2d 247 (Fla. 5th DCA 1989). It is well established that a defendant should be allowed to withdraw a plea when the plea was based upon a misunderstanding or misapprehension of the facts considered by the defendant in making the plea. Forbert v. State, 437 S…
  • Graham v. State, 641 So. 2d 511 (Fla. 5th DCA 1994)
    …e, although a sentencing court is not required to impose a sentence in conformity with a plea agreement, if the court cannot abide by the terms of the agreement, the defendant must be given the opportunity to withdraw his plea. See Jenkins v. State, 549 So. 2d 247 (Fla. 5th DCA 1989). Accordingly, we affirm the trial court’s order denying Graham’s rule 3.800(a) motion without prejudice to Graham filing a rule 3.850motion in which he may seek to be sentenced within the terms of his plea agreement. If the tria…

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