FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, PETITIONER,
v.
IRA C. HATCH AND MARTIN J. HASEY, RESPONDENTS
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PER CURIAM.
This petition for writ of certiorari challenges the trial court’s order abating the action. The order of abatement was not proper in this case. See REWJB Gas Invs. v. Land O’ Sun Realty, Ltd., 643 So. 2d 1107 (Fla. 4th DCA 1994), rev. dismissed, 651 So. 2d 1197 (Fla.1995); Rodriguez v. Yount, 623 So. 2d 618 (Fla. 4th DCA 1993). The term “abatement” in the trial court order may have been a misnomer; the court may have intended to enter a stay, an order which would have been within the trial court’s broad discretion in this case. See REWJB, 643 So. 2d at 1108; Bartlett v. Bennett, 360 So. 2d 1144 (Fla. 2d DCA 1978).
That portion of the July 24, 1996 order abating the action is quashed, without prejudice to the trial court entering a stay order. GUNTHER, C.J., and STEVENSON and GROSS, JJ., concur.
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Encarnacion v. Encarnacion, 877 So. 2d 960 (Fla. 5th DCA 2004)…greement, somewhat, by filing his response. Thus any claim of error in this regard could have been waived, under the invited error doctrine. See Gupton v. Village Key & Saw Shop, Inc., 656 So. 2d 475, 478 (Fla.1995); Fuller v. Palm Auto Plaza, Inc., 683 So. 2d 654 (Fla. 4th DCA 1996); Held v. Held, 617 So. 2d 858 (Fla. 4th DCA 1993). However, Nelson’s agreement to give up his previously established 40% interest in the marital residence, as established by his response, indicates it was conditioned on his bein…
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Hernandez v. Gonzalez, 124 So. 3d 988 (Fla. 4th DCA 2013)…cover certain elements of damages in this case was a foreseeable potential outcome of counsel’s trial strategy and not a result of any error by the trial court. Taylor v. Bateman, 927 So. 2d 1024 (Fla. 4th DCA 2006); Fuller v. Palm Auto Plaza, Inc., 683 So. 2d 654 (Fla. 4th DCA 1996). By seeking to have the jury decide the issue of appellees’ liability for all damages rather than moving for directed verdict on any or all of those damages, appellants cannot now successfully claim error simply because the jury…
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Harlan Bakeries, Inc. v. Snow, 884 So. 2d 336 (Fla. 2d DCA 2004)…r v. Pulido, 492 So. 2d 1157, 1157-58 (Fla. 3d DCA 1986). “ ‘A party cannot successfully complain about an error for which he or she is responsible or of rulings that he or she has invited the trial court to make.’ ” Fuller v. Palm Auto Plaza, Inc., 683 So. 2d 654, 655 (Fla. 4th DCA 1996) (quoting Gupton v. Village Key & Saw Shop, 656 So. 2d 475, 478 (Fla.1995)). Under the circumstances presented, the curative instruction is not a sufficient ground for a new trial. Not only was the error invited, but it simpl…
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- Rewjb GAS Invs. v. Land O' SUN Realty, Ltd., 643 So. 2d 1107 (Fla. 4th DCA 1994)
- Rodriguez v. Harold A. Yount, M.D., 623 So. 2d 618 (Fla. 4th DCA 1993)
- Bartlett v. Bennett, 360 So. 2d 1144 (Fla. 2d DCA 1978)