HERBERT G. STURM, APPELLANT,
v.
VICTOR W. REGAN, APPELLEE

Fla. 4th DCA | 1991-07-10
No. 90-1932
ANSTEAD, POLEN and GARRETT, JJ., concur.
588 So. 2d 595 Florida District Court of Appeal, Fourth District (1991) Caution
Cited by 31 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the final judgment entered in favor of appellee on his counterclaim. We remand for a new trial on the issue of what actual damage appellee incurred as the result of appellant’s breach of the contract. See Lefemine v. Baron, 573 So. 2d 326 (Fla. 1991).

REVERSED AND REMANDED FOR A NEW TRIAL.

ANSTEAD, POLEN and GARRETT, JJ., concur.


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  • Lancelot Armstrong v. State, 642 So. 2d 730 (Fla. 1994)
    …ved ruling on this issue and apparently never issued a ruling. Consequently, this issue is proeedurally barred. Richardson v. State, 437 So. 2d 1091 (Fla.1983) (failure to obtain ruling on motion fails to preserve issue for appeal); State v. Kelley, 588 So. 2d 595 (Fla. 1st DCA 1991) (same). In any event, the record reflects that Armstrong was provided a reader during the course of the trial and that this issue went to Armstrong’s competency to stand trial, and not to the presentation of mitigation. The rema…
  • Life Care Ctrs. OF Am., Inc. v. Sawgrass Care Ctr., Inc., 683 So. 2d 609 (Fla. 1st DCA 1996)
    …” Alamo Rent-A-Car, 632 So. 2d at 1358. Procedural statutes, on the other hand, “concern[ ] the means and methods to apply and enforce those duties and rights,” id., and “no one has a vested interest in any given mode of procedure.” State v. Kelley, 588 So. 2d 595, 597 (Fla. 1st DCA 1991). [*614] We are grateful to counsel for their excellent supplemental briefs on the effect of the repeal of the second sentence in former section 120.59(2). While we might have preferred to see former section 120.59(2) survive…
  • Hedges v. State, 667 So. 2d 420 (Fla. 1st DCA 1996)
    …inadequate to preserve the issue for review because the record fails to reflect that a ruling was ever obtained from the court, and for the further reason that such testimony is not a substitute for proffering same at trial. State [*424] v. Kelley, 588 So. 2d 595 (Fla. 1st DCA 1991); Jackson v. State, 456 So. 2d 916 (Fla. 1st DCA 1984); see also Phillips v. State, 476 So. 2d 194 (Fla.1985). I would affirm the judgment and sentence.…

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