HENRY D. PIPER, PLAINTIFF IN ERROR,
v.
ARTHUR E. LANDSTREET, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a judgment for the plaintiff, finding that while some technical errors occurred during the trial, they were harmless and did not warrant reversal.
No, the technical errors, though present, were harmless and did not prejudice the defendant, thus not requiring a reversal of the judgment.
“The record and briefs have been examined carefully and while it appears that some of the assignments were well grounded, such error as they constitute was technical and harmless for which reversal does not lie.”
Establishes the court's finding that errors were technical and harmless.
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Join FLexlaw to unlock all legal intelligenceArthur F. Landstreet sued Henry D. Piper for $30,000 in damages. A trial resulted in a verdict and judgment for Landstreet in the amount of $8,800 plu…
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Arthur F. Landstreet as plaintiff below brought a common law action against Henry D. Piper laying his damages in the sum of $30,000. Pursuant to a welter of pleading a trial was had resulting in a verdict and judgment for $8,800 with interest. This writ of error was prosecuted to that judgment.
Many errors are assigned and argued in this court. To treat all of them would require a lengthy opinion which we cannot see would serve any useful purpose. The record and briefs have been examined carefully and while it appears that some of the assignments were well grounded, such error as they constitute was technical and harmless for which reversal does not lie. Section 2812 Revised General Statutes of 1920 (Section 4499 Compiled General Laws of 1927).
Affirmed.
Buford, C.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.
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Duncanson v. Serv. First, Inc., 157 So. 2d 696 (Fla. 3d DCA 1963)…Kan. 752, 153 P. 500 (1915); Russell v. O’Connor, 120 Minn. 66, 139 N.W. 148 (1912); Hamacher v. Tumy, supra. . See Bittner v. Walsh, Fla.App.1961, 132 So. 2d 799. . See Vilas v. Vilas, 153 Fla. 102, 13 So. 2d 807; Flowers v. State, 106 Fla. 686, 143 So. 612; Montgomery v. State, 55 Fla. 97, 45 So. 879; Levy v. Cox, 22 Fla. 546 (1886); Harris v. State, Fla.App.1958, 104 So. 2d 739.…
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State v. Fernandez, 526 So. 2d 192 (Fla. 3d DCA 1988)…he was not free to do so. A court must accept evidence which, like the material testimony of the police officers, is neither impeached, discredited, controverted, contradictory within itself, or physically impossible. Flowers v. State, 106 Fla. 686, 143 So. 612 (1932); Brannen v. State, 94 Fla. 656, 114 So. 429 (1927); Harris v. State, 104 So. 2d 739 (Fla. 2d DCA 1958); see State v. Navarro, 464 So. 2d 137 (Fla. 3d DCA 1984). This rule is plainly applicable here. Nothing justifies a factual finding contrar…
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Fed. Land Bank of Columbia v. Brooks, 139 Fla. 506 (Fla. 1939)…in the cause as right and justice may require in arriving at another decree which will accord with the ruling and mandate of the appellate court;” the general rule being that an appeal in a chancery case is “a step in the cause.” Simpson v. Warren, 106 Fla. 688, 143 So. 602; Rabinowitz v. Houk, 100 Fla. 44, 129 So. 501; 3 C. J. 320. In this general connection see 4 C. J. 1220, et seq. The Court in sustaining the legal sufficiency of a plea does not direct or award an issue (Crump v. Perkins, 18 Fla. 353)…
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