FREDERICK G. SEELMANN, APPELLANT,
v.
S. CASTIGLIONI, APPELLEE
FREDERICK G. SEELMANN, APPELLANT,
S. CASTIGLIONI, APPELLEE
100 So. 2d 82
Florida District Court of Appeal, Second District (1958)
Positive Treatment
Cited by 8 cases
Opinion of the Court
We have examined the briefs of counsel in this cause and have noted that the appellant has asked in his brief that we treat this appeal as a petition for certiorari. From our perusal of the record, and in consideration of a motion filed by appellee to dismiss appeal, and having found nothing in the record to satisfy the requirements for certiorari, this case will have to be considered on appellee’s motion to dismiss the appeal, and having so considered it, the same should be granted.
Motion granted.
KANNER, C. J., and ALLEN and SHANNON, JJ., concur.
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Forceier v. State, 133 So. 2d 336 (Fla. 2d DCA 1961)…s objection. Thus, generally the failure to voice a timely objection precludes appellate review of the charges concerned. Williams v. State, Fla.App.1959, 109 So. 2d 379; Miller v. State, Fla.App.1958, 102 So. 2d 737; Clinton v. State, Fla.App.1958, 100 So. 2d 82. However, in respect to jury instructions, an error of the trial court may be reviewed on appeal in the absence of an objection if the error is so fundamental as to warrant such action or when the appellate court in its judgment deems the interests…
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Williams v. State, 243 So. 2d 215 (Fla. 3d DCA 1971)…the trial to the ruling of the court refusing the requested charge on attempted rape. Section 918.-10(4) Fla.Stat., F.S.A.; Simmons v. State, 151 Fla. 778, 10 So. 2d 436; Irvin v. State, Fla.1953, 66 So. 2d 288, 294; Clinton v. State, Fla.App.1958, 100 So. 2d 82, 84. Judgments affirmed.…
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AI Winmemore v. State, 150 So. 2d 277 (Fla. 2d DCA 1963)…ction by appellant to instructions given ■or to instructions refused. Such is a necessary predicate for appellate review. See Febre v. State, 158 Fla. 853, 30 So. 2d 367; Miller v. State, Fla.App.1958, 102 So. 2d 737; Clinton v. State, Fla.App.1958, 100 So. 2d 82; § 918.10(4), Florida Statutes, F.S.A. We have examined the instructions given by the trial court and find no funda mental error therein. Appellant further contends that certain other errors were made by the trial court in its rulings on points of…
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