PEOPLES WATER AND GAS COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
CECIL M. WEBB ET AL., APPELLEES
PEOPLES WATER AND GAS COMPANY, A FLORIDA CORPORATION, APPELLANT,
CECIL M. WEBB ET AL., APPELLEES
92 So. 2d 411
Florida Supreme Court (1957)
Positive Treatment
Cited by 8 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 Rule 38 of the rules of this court, 31 F.S.A., 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 he, and the same is, hereby granted, and the judgment is
Affirmed.
TERRELL, C. J., and ROBERTS, DREW and THORNAL, JJ., concur.
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Gordon v. State, 104 So. 2d 524 (Fla. 1958)…laws. The rule is clear that in order for the false testimony to constitute perjury it must be material to the subject under consideration in the judicial proceeding. Miller v. State, supra; Robinson v. State, 18 Fla. 898; Smith v. State, Fla. 1957, 92 So. 2d 411. The cases hold that in order for testimony to be material it must have some weight and reference to the determination of an issue which is before the court for judicial determination. It is not essential that the false testimony bear directly on th…
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Morriss Wolfe v. State, 271 So. 2d 132 (Fla. 1972)…the allegedly false statements are not material to the issue before the court and the jury, then it cannot have the effect of misleading the court and the jury in its deliberation and the reaching of its judgment of those issues. See Smith v. State, 92 So. 2d 411 (Fla. 1957); Gordon v. State, 104 So. 2d 524 (Fla.1958); and 25 Fla.Jur., Perjury, § 6, 36. The statements made, when taken out of context, may have been untrue or incorrect; nevertheless, when read in the light of the materiality to the issue of th…
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Argyros v. State, 718 So. 2d 222 (Fla. 2d DCA 1998)…rove “that such testimony was material to the issue upon which the trial was had.” Rader v. State, 52 So. 2d 105, 108 (Fla.1951). To be material, the challenged testimony must have “weight and reference to determination of an issue.” Smith v. State, 92 So. 2d 411, 413 (Fla.1957). Mr. Ar-gyros’ allegedly perjurious statements did not meet that standard. Further, the questions that elicit a sworn response should be stated in an affirmative manner with appropriate specificity. See Smith, 92 So. 2d at 413. The q…
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