KENNETH BURTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNETH BURTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
745 So. 2d 426
Florida District Court of Appeal, Second District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
SALCINES, Judge.
On appeal, Kenneth Burton raises two issues of which only one merits discussion. Burton raised a theory of self-defense. His trial counsel attempted to question Burton concerning prior acts of violence by the victim of which he was aware. The trial court improperly precluded the introduction of this evidence. See Smith v. State, 661 So. 2d 358, 361 (Fla. 1st DCA 1995). However, this court cannot ascertain whether this resulted in reversible error because trial counsel failed to make a proffer of the testimony Burton would have given had he been allowed to testify. See Williams v. State, 600 So. 2d 524, 525 (Fla. 2d DCA 1992). The error, if any, was not preserved.
Affirmed.
THREADGILL, A.C.J., and BLUE J„ Concur.
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Hacienda Villas, Inc. v. MIA Consulting Grp., Inc., 47 So. 3d 848 (Fla. 3d DCA 2010)…is located.” MIA selected Miami-Dade County on the theory that this is where the cause of action accrued. According to the stipulated statement of proceedings, see Fla. R.App. P. 9.200(b)(4), MIA relied on Rayman v. Langdon Asset Management, Inc., 745 So. 2d 426 (Fla. 3d DCA 1999), which addresses the debtor-creditor rule. Under that rule, “an action on a default of an agreement for monetary payment accrues in the county where payment was agreed to be made.” Id. at 428. The complaint in this case alleged th…
Authorities Cited
- Williams v. State, 600 So. 2d 524 (Fla. 2d DCA 1992)
- Smith v. State, 661 So. 2d 358 (Fla. 1st DCA 1995)