MATTER OF JOANN RESCH, A MINOR FEMALE CHILD
MATTER OF JOANN RESCH, A MINOR FEMALE CHILD
91 So. 2d 862
Florida Supreme Court (1957)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
This cause came on to be heard on the motion of appellee to affirm the judgment appealed from pursuant to 31 F.S.A. Rule 38 of the rules of this court and it appearing to the court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest - that the questions raised on appeal are without substantial merit and need no further argument;
It is accordingly ordered, adjudged and decreed that the motion to affirm the judgment appealed from be, and the same is hereby granted, and the judgment is
Affirmed.
TERRELL, C. J., and THOMAS, DREW and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Kilgore v. State, 271 So. 2d 148 (Fla. 2d DCA 1972)…e evidence is inconclusive or conflicting, the failure of the trial judge to provide a charge which lays down standards for the jury to follow under varying permissible views of the evidence constitutes reversible error.’ Holley v. Kelley, Fla.1957, 91 So. 2d 862, 864, and cases cited. Nor is there any legal principle more firmly established in our system of jurisprudence than that, which makes the jury the sole arbiter of the credibility of the witnesses (except where contrary to demonstrable physical facts…
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Barnes v. State, 93 So. 2d 863 (Fla. 1957)…e evidence is inconclusive or conflicting, the failure of the trial judge to provide a charge which lays down standards for the jury to follow under varying permissible views of the evidence constitutes reversible error.” Holley v. Kelley, Fla.1957, 91 So. 2d 862, 864, and cases cited. Nor is there any legal principle more firmly established in our system of jurisprudence than that which makes the jury the sole arbiter of the credibility of the witnesses (except where contrary to demonstrable physical facts)…
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Schweikert v. Palm Beach Speedway, Inc., 100 So. 2d 804 (Fla. 1958)…e evidence is inconclusive or conflicting, the failure of the trial judge to provide a charge which lays down standards for the jury to follow under varying permissible views of the evidence constitutes reversible error.” Holley v. Kelley, Fla.1957, 91 So. 2d 862, 864. In the circumstances of this case, we think the trial judge’s failure to charge the jury in accordance with the plaintiff’s theory of liability, even though not properly requested, comes very close to being reversible error. But the plaintif…
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