ANDRE MIGUEL BURKE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Encarnacion v. Encarnacion, 877 So. 2d 960 (Fla. 5th DCA 2004)
  …er, parties to a hearing can be bound by issues tried without their objection. See Byers v. Callahan, 848 So. 2d 1180 (Fla. 2d DCA 2003); LEX, Inc. v. Horizon Associates Joint Venture, 842 So. 2d 881 (Fla. 4th DCA 2003); Book v. City of Winter Park, 718 So. 2d 945 (Fla. 5th DCA 1998). This is just one of the hazards of appearing pro se at an eviden-tiary hearing. . Tinsley v. Tinsley, 490 So. 2d 205 (Fla. 3d DCA 1986); Semko v. Semko, 537 So. 2d 588 (Fla. 3d DCA 1988). See also Dickinson v. Dickinson, 746 So…
• Ned Schuster and Suzanne Schuster v. Blue Cross & Blue Shield OF Fla., Inc., 843 So. 2d 909 (Fla. 4th DCA 2003)
  …er. See Krivanek v. Take Back Tampa Political Comm., 625 So. 2d 840, 842 (Fla.1993). Based upon our review of the record, however, we find that, in this case, the issue was tried by consent. See Fla. R. Civ. P. 1.190(b); Book v. City of Winter Park, 718 So. 2d 945, 946-47 (Fla. 5th DCA 1998)(applying the concept of trial by consent to affirmative defenses). From the very outset of these proceedings, BCBSF took the position that the Schusters did not have a stake in these claims. The transcript reveals that t…
• Paul Gottlieb & Co., Inc. v. Alps S. Corp., 985 So. 2d 1 (Fla. 2d DCA 2007)
  …la. R. Civ. P. 1.140(h)(1). There is, however, an exception to this general rule. It is well recognized that an affirmative defense can be tried by consent. See Smith v. Mogelvang, 432 So. 2d 119, 122 (Fla. 2d DCA 1983); Book v. City of Winter Park, 718 So. 2d 945, 947 (Fla. 5th DCA 1998); Narus v. Narus, 382 So. 2d 144, 146 (Fla. 4th DCA 1980). An issue tried by consent is treated as though it had been raised in the pleadings. Fla. R. Civ. P. 1.190(b). Therefore, we must determine whether this issue was pres…

Authorities Cited

• Joiner v. State, 618 So. 2d 174 (Fla. 1993)
• Green v. State, 715 So. 2d 940 (Fla. 1998)