STATE OF FLORIDA, APPELLANT,
v.
LOUIS SOUKUP, APPELLEE
Explore caselaw by topic → Browse Cumulative Effect Of Errors cases and more on FLexlaw
THOMPSON, Judge.
The state appeals the trial court’s order granting Louis Soukup’s motion for new trial. We affirm the entry of the order because the state has not borne its burden of proving beyond a reasonable doubt that there is no possibility that the cumulative effect of the errors below contributed to appellee’s conviction. Jackson v. State, 575 So. 2d 181, 189 (Fla.1991) (citing State v. DiGuilio, 491 So. 2d 1129 (Fla.1986)); Seaboard Air Line R.R. Co. v. Ford, 92 So. 2d 160, 165 (Fla.1956). We hold the trial judge did not abuse his discretion by granting a new trial. State v. Hamilton, 574 So. 2d 124, 126 (Fla.1991); Baptist Memorial Hosp., Inc. v. Bell, 384 So. 2d 145 (Fla.1980); Castlewood Int’l Corp. v. LaFleur, 322 So. 2d 520, 522 (Fla.1975).
AFFIRMED.
HARRIS, C.J., concurs.
DAUKSCH, J., concurring in conclusion only without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hodges v. Hodges, 128 So. 3d 190 (Fla. 5th DCA 2013)…hat Appellant must pay Appellee her equity in the home within six months, failing which the property must be sold. Appellant challenges the order to sell the property because neither party [*191] had requested partition. See, e.g., Watson v. Watson, 646 So. 2d 297, 297 (Fla. 5th DCA 1994) (trial court without authority to order partition of property in absence of plea by either party). Accordingly, we reverse the order to the extent that it requires sale of the property. On remand, the trial court may revisit…
-
Smith v. Smith, 896 So. 2d 818 (Fla. 5th DCA 2005)…he wife’s share based on the assessed value because that was the only evidence of value presented. Additionally, the wife cannot now demand that the property be sold when she failed to request partition in her pleadings. See, e.g. Watson v. Watson, 646 So. 2d 297 (Fla. 5th DCA 1994). The $22,500 Deduction for Property Tax Payments The wife argues that the trial court erred by deducting $22,500 from her share of the Moultrie Heights property for the previous three years of property tax payments made by the…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Jackson v. State, 575 So. 2d 181 (Fla. 1991)
- Baptist Mem'l Hosp., Inc. v. Bell, 384 So. 2d 145 (Fla. 1980)
- Castlewood Int'l Corp. v. LaFLEUR, 322 So. 2d 520 (Fla. 1975)
- State v. Thewell Eugene Hamilton, 574 So. 2d 124 (Fla. 1991)
- Seaboard AIR Line R.R. Co. v. Ford, 92 So. 2d 160 (Fla. 1955)