GIDEON

v.

COCHRAN

Citator

Cited By (13 total)

• Snook v. Firestone Tire & Rubber Co., 485 So. 2d 496 (Fla. 5th DCA 1986)
  …al to the issue[s]; and (5) that it is not merely cumulative or impeaching. City of Winter Haven v. Tuttle/White Constructors, Inc., 370 So. 2d 829, 831 (Fla. 2d DCA 1979); Dade Nat’l Bank of Miami v. Kay, 131 So. 2d 24 (Fla. 3d DCA), rev. denied, 135 So. 2d 746 (Fla.1961). The first requirement is met in the instant case because the letter from the jury forewoman contains allegations that the jury considered improper evidence and the requested interview would establish if this misconduct affected the outc…
• Bray v. Elec. Door-Lift, Inc., 558 So. 2d 43 (Fla. 1st DCA 1989)
  …discovered before the trial by the exercise of due diligence, (4) the evidence is material to the issue, and (5) the evidence is mot merely cumulative or impeaching. Dade National Bank of Miami v. Kay, 131 So. 2d 24, 26 (Fla. 3d DCA), cert. denied, 135 So. 2d 746 (Fla.1961). It is the movant’s burden to establish the exercise of due diligence. King v. Harrington, 411 So. 2d 912, 915 (Fla. 2d DCA 1982), review denied, 418 So. 2d 1279 (Fla.1982). While the requirement of due [*48] diligence is not a legal abs…
• Bakalarz v. Luskin, 560 So. 2d 283 (Fla. 4th DCA 1990)
  …peaching. Cf. Ragen v. Paramount Hudson, Inc., 434 So. 2d 907 (Fla. 3d DCA 1983), rev. denied, 444 So. 2d 417 (Fla.1984); Perez v. Pearl, 411 So. 2d 972 (Fla. 3d DCA 1982); Dade Nat’l. Bank of Miami v. Kay, 131 So. 2d 24 (Fla. 3d DCA), cert. denied, 135 So. 2d 746 (Fla.1961). We deem to be inapposite those cases which recognize that there is constructive notice of the contents of duly recorded documents and of collateral documents incorporated by reference (where indexing is not an issue), or which recognize…