H. E. TRACEY AND EDNA TRACEY, HIS WIFE, APPELLANTS,
v.
MARY FRANCES ELVY, LEE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEES
H. E. TRACEY AND EDNA TRACEY, HIS WIFE, APPELLANTS,
MARY FRANCES ELVY, LEE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEES
113 So. 2d 754
Florida District Court of Appeal, Second District (1959)
Positive Treatment
Cited by 1 case
Opinion of the Court
It appearing that the appellant has failed to prosecute the appeal in this cause in accordance with the provisions of the Florida Appellate Rules, 31 F.S.A., it is, upon consideration,
Ordered by the Court sua sponte that the appeal in this cause be and the same is hereby dismissed.
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Fla. Power & Light Co. v. Ahearn, 118 So. 2d 21 (Fla. 1960)…The court concluded: “Consequently, since the directed verdict was not restricted to the evidence of the plaintiff’s case in chief, the trial judge committed reversible error, with the result that the case must be remanded for a new trial. * * *” [113 So. 2d 754.] Defendant then petitioned the district court of appeal for rehearing, stressing the argument that there was no proof in the record that the trial judge had considered the testimony of the defendant’s witnesses taken out of turn. This petition ass…