JORGE LUIS HERBELLO, APPELLANT,
v.
HUMBERTO PEREZ, APPELLEE

Fla. 3d DCA | 2000-04-05
No. 3D99-666
Before JORGENSON, GODERICH, and RAMIREZ, JJ.
754 So. 2d 840 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 38 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

After carefully reviewing the record, we find that the alleged erroneous evidentiary ruling did not affect the outcome of the trial. Therefore, the error, if any, was harmless. § 59.041, Fla. Stat. (1999); Ratos v. Cushing, 601 So. 2d 612, 613 (Fla. 3d DCA 1992)(holding that in a civil case the “test for harmful error is whether, but for such error, a different result may have been reached.”).

Affirmed.


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  • Seven Hills, Inc. v. Bentley, 848 So. 2d 345 (Fla. 1st DCA 2003)
    …ertified the settlement class pursuant to rule 1.220(b)(2) for purposes of the class members’ declaratory and injunctive relief claims and rule 1.220(b)(3) for purposes of the class members’ damages claims. See Nat’l Union Fire Ins. Co. v. Blackmon, 754 So. 2d 840, 843 (Fla. 1st DCA 2000) (holding that the test for harmful error in a civil case is whether, but for such error, a different result may have been reached). This divided certification was proper because it introduced the rule 1.220(b)(3) protections…
  • Special v. Ivo Baux, M.D., 79 So. 3d 755 (Fla. 4th DCA 2011)
    …d, see Damico v. Lundberg, 379 So. 2d 964, 965 (Fla. 2d DCA 1979), nor under a standard requiring a showing that the appellant might have obtained a more favorable result but for the error, see National Union Fire Ins. Co. of Pittsburgh v. Blackmon, 754 So. 2d 840, 843 (Fla. 1st DCA 2000). Saleeby v. Rocky Elson Constr., Inc., 3 So. 3d 1078, 1089 (Fla.2009) (Canady, J., dissenting) (emphasis in original). . See Hayes v. State, 55 So. 3d 699 (Fla. 4th DCA 2011) (civil commitment); Petit-Dos v. Sch. Bd. of Br…
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  • Saleeby v. Rocky Elson Constr., Inc., 3 So. 3d 1078 (Fla. 2009)
    …d, see Damico v. Lundberg, 379 So. 2d 964, 965 (Fla. 2d DCA 1979), nor under a standard requiring a showing that the appellant might have obtained a more favorable result but for the error, see National Union Fire Ins. Co. of Pittsburgh v. Blackmon, 754 So. 2d 840, 843 (Fla. 1st DCA 2000). I therefore would approve the result reached by the Fourth District. . Section 90.408, Florida Statutes (2006), which deals with settlement offers and negotiations — as distinct from settlement agreements — has no applica…

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