JOSE BOQUE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOSE BOQUE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
666 So. 2d 566
Florida District Court of Appeal, Third District (1996)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The defendant appeals from his conviction and sentence raising two issues.
As to the first issue, we find it was not properly preserved by contemporaneous objection for appellate review. Castor v. State, 365 So. 2d 701, 703 (Fla.1978). In the instant case, the jury requested a re-instruction on the area of intent. The State made a suggestion as to the scope of the instruction, while the defense made another. When the trial court adopted the State’s position and announced its intention to proceed in this manner, the defense should have objected, but did not.
As to the second issue, we find that it lacks merit.
Accordingly, we affirm.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shuler v. Christa Darby, 786 So. 2d 627 (Fla. 1st DCA 2001)…8 So. 2d 1098 (Fla. 2d DCA 1984). As a result, entry of judgment on the pleadings prior to the filing of an answer, ie., before the existence of factual issues can be ascertained, is error as a matter of law. See Hughes Laboratories, Inc. v. Murphy, 666 So. 2d 566 (Fla. 3d DCA 1996); Farag, 448 So. 2d at 1102. The entry of judgment on the pleadings at a hearing on Former Wife’s motion to strike Former Husband’s petition, on the ground that he had failed to state a cause of action, so departed from the applica…
Authorities Cited
- Castor v. State, 365 So. 2d 701 (Fla. 1978)