RAFAEL NUNEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Delva v. Value Rent-A-Car, 693 So. 2d 574 (Fla. 3d DCA 1997)
  …plaintiffs specific request that the jury be allowed to obviate the inconsistency problem in any of these ways, the appellee effected a binding waiver of its right to a new trial on that ground. See Cushman & Wakefield, Inc. v. Comreal Miami, Inc., 683 So. 2d 208 (Fla. 3d DCA 1996); see also Higbee v. Dorigo, 66 So. 2d 684 (Fla.1953); Hendelman v. Lion Country Safari, Inc., 609 So. 2d 766 (Fla. 4th DCA 1992)(Dell, J., concurring specially), review dismissed, 618 So. 2d 209 (Fla.1993); Alamo Rent-A-Car, Inc.…
• Kmart Corp. & O'Gorman Long, Inc. v. Hayes, 707 So. 2d 957 (Fla. 3d DCA 1998)
  …rida that a new trial cannot be granted on a ground that was not preserved by timely objection or motion during trial. See Sears Roebuck & Co. v. Jackson, 433 So. 2d 1319, 1322 (Fla. 3d DCA 1983); see also Cushman & Wakefield v. Comreal Miami, Inc., 683 So. 2d 208 (Fla. 3d DCA 1996). Granting a new trial under circumstances where a party did not properly preserve the issue is an abuse of discretion. See Jackson, 433 So. 2d at 1322; Saxon v. [*958] Chacon, 539 So. 2d 11, 12 (Fla. 3d DCA 1989). In our view, Hay…
• Commodore Cruise Line Ltd. v. Hilario Ayala-Mira, 683 So. 2d 1168 (Fla. 3d DCA 1996)
  …PER CURIAM. Affirmed. See Binger v. King Pest Control, 401 So. 2d 1310 (Fla.1981); Cushman & Wakefield, Inc. v. Comreal Miami, Inc., 683 So. 2d 208 (Fla. 3d DCA 1996); Brumage v. [*1169] Plummer, 502 So. 2d 966 (Fla. 3d DCA 1987), review denied, 513 So. 2d 1062 (Fla.1987).…

Authorities Cited

• Novaton v. State, 634 So. 2d 607 (Fla. 1994)
• Dean v. State, 580 So. 2d 808 (Fla. 3d DCA 1991)
• Wall v. State, 525 So. 2d 486 (Fla. 1st DCA 1988)
• State v. Sawko, 624 So. 2d 751 (Fla. 5th DCA 1993)