CITY OF MIAMI
v.
CAROLYN WOLFE
CITY OF MIAMI
CAROLYN WOLFE
117 Fla. 538
Florida Supreme Court (1934)
Positive Treatment
Also reported at: 158 So. 91
Cited by 12 cases
Opinion of the Court
This is a companion case to the case of City of Miami, a Municipal Corporation, v. Frances Bopp, in which case opinion and judgment was filed this day.
For the reasons stated therein, the order granting new trial in, the court below in this case should now be affirmed and it is so ordered.
Affirmed.
Whitfield, P. J., and Brown and Buford, J. J., concur.
Davis, C. J., and Ellis and Terrell, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Henderson v. State, 135 Fla. 548 (Fla. 1938)…urt received and considered this' amended motion, which course was quite appropriate under the circumstances, and I think the court had the power to do so under the case of Kirkland v. State, 70 Fla. 584, 70 So. 592 and Smith v. State, 117 Fla. 458, 158 So. 91. The amendment does not come within the letter of the language used in the opinions rendered in those cases, but I think it comes within the spirit thereof. The amendment to the motion for new trial alleges that on March 23rd, John Bennett, one of…
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State v. Spaziano, 692 So. 2d 174 (Fla. 1997)…e merely cumulative; and 6. the evidence must be such that it would probably produce a different result on retrial. Jones v. State, 591 So. 2d 911 (Fla.[1991]); Henderson v. State, [135 Fla. 548, 185 So. 625 (1938)]; Smith v. State, [117 Fla. 458, 158 So. 91 (1934)]; Beasley v. State, 315 So. 2d 540 (Fla. 2d DCA 1975); Weeks v. State, 253 So. 2d 459 (Fla. 3d DCA 1971). In determining whether a new trial is warranted due to recantation of a witness’s testimony, a trial judge is to examine all the circum…
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Baker v. State, 336 So. 2d 364 (Fla. 1976)…nerally, “courts look with disfavor and distrust on applications for a new trial . . . [lest they] encourage counsel to neglect to gather all available evidence for a first trial.” 23 Fla.Jur. New Trial § 64 (1959). See Smith v. State, 117 Fla. 458, 158 So. 91 (1934); Herndon v. State, 73 Fla. 451, 74 So. 511 (1917); Mitchell v. State, 43 Fla. 584, 31 So. 242 (1901). The State makes no argument here, however, that defense counsel’s belated discovery of evidence was attributable to a lack of diligence. In…
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