WILLIAM J. REYNOLDS, AS ADMINISTRATOR OF THE ESTATE OF ALLEN W. REYNOLDS, DECEASED, APPELLANT,
v.
EDWIN LAWRENCE AUMENT, III, AND EDWIN LAWRENCE AUMENT, JR., APPELLEES

Fla. 2d DCA | 1961-07-26
No. 2007
ALLEN and KANNER, JJ., concur.
133 So. 2d 565 Florida District Court of Appeal, Second District (1961) Caution
Cited by 24 cases

Opinion of the Court
SHANNON, Chief Judge.

SHANNON, Chief Judge.

Reversed and remanded for new trial on authority of the decision in Reynolds v. Aument, III, Fla.App., 133 So.2d 562.

ALLEN and KANNER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By (13 total)

  • State v. Jones, 204 So. 2d 515 (Fla. 1967)
    …ate, Fla. 1957, 92 So. 2d 811; Gordon v. State, Fla. 1958, 104 So. 2d 524; Singleton v. State, Fla.App.1966, 183 So. 2d 245; and Flaherty v. State, Fla.App.1966, 183 So. 2d 607. In addition, the Court of Appeal cites Tolliver v. State, Fla.App.1961, 133 So. 2d 565. Upon examination it will be seen that these decisions are to be distinguished by the circumstances present in each and that none are in conflict with the Gray and Clinton cases. In addition, compare Davis v. State, 90 Fla. 317, 105 So. 843, 844; C…
  • Singleton v. State, 183 So. 2d 245 (Fla. 2d DCA 1966)
    …ure of defendant to testify, Griffin v. [*252] State, Fla.App.1963, 150 So. 2d 466; Otto v. State, Fla.App.1961, 126 So. 2d 152.7 Or in calling' attention to the fact that the defendant was sworn but did not testify, Tolliver v. State, Fla.App.1961, 133 So. 2d 565. Or the defendant’s failure to testify in other proceedings, such as preliminary hearing, habeas corpus, or a former trial, Hathaway v. State, Fla.App.1958, 100 So. 2d 662; Simmons v. State, 139 Fla. 645, 190 So. 756.8 Or even the defendant’s failur…
  • Childers v. State, 277 So. 2d 594 (Fla. 4th DCA 1973)
    …is made, if such comment is subject to an interpretation which would bring it within the statutory prohibition, and regardless of its susceptibility to a different construction. See Trafficante v. State, 92 So. 2d 811 (Fla.1957); Tolliver v. State, 133 So. 2d 565 (Fla.App.1961); Harper v. State, 151 So. 2d 881 (Fla.App.1963); State v. Jones, supra; Mathis v. State, 267 So. 2d 846 (Fla.App.1972). Referring now to the quoted remarks of the prosecutor, and particularly the emphasized portions thereof, we think…

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