SAFELITE GLASS CORP. D/B/A SAFELITE AUTO GLASS AND ERNEST HENLY HAUGHTON, JR., APPELLANTS,
v.
WILLIE P. SAMUEL AND MARY SAMUEL, HIS WIFE, APPELLEES
SAFELITE GLASS CORP. D/B/A SAFELITE AUTO GLASS AND ERNEST HENLY HAUGHTON, JR., APPELLANTS,
WILLIE P. SAMUEL AND MARY SAMUEL, HIS WIFE, APPELLEES
736 So. 2d 1283
Florida District Court of Appeal, Fourth District (1999)
Negative Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the final judgment. Appellants seek a new trial on the ground that the trial court erred in giving a jury instruction based on Via v. Tillinghast, 153 So. 2d 59 (Fla. 3d DCA 1963). We conclude that the issue has not been preserved for review because the argument asserted here was not presented to the trial court. We further note, in any event, that the instruction based on Via should not have been given for the reasons articulated in Gordon’s Tractor Service, Inc. v. Bilello, 336 So. 2d 1208 (Fla. 2d DCA 1976).
STONE, POLEN, and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bowen v. State, 752 So. 2d 559 (Fla. 2000)…PARIENTE, J. We have for review the opinion in State v. Bowen, 736 So. 2d 1283 (Fla. 4th DCA 1999), which certified conflict with the opinions in State v. Holland, 689 So. 2d 1268 (Fla. 1st DCA 1997), and State v. Perry, 716 So. 2d 327 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons…
Authorities Cited
- VIA v. Tillinghast, 153 So. 2d 59 (Fla. 3d DCA 1963)
- Brooks Taylor v. State, 336 So. 2d 1208 (Fla. 1st DCA 1976)
- Gordon's Tractor Serv., Inc. v. Bilello, 336 So. 2d 1208 (Fla. 2d DCA 1976)