BERTHA MAE CLARK, AS WIDOW OF EUGENE CLARK, DECEASED, APPELLANT,
v.
JAMES GRAY, APPELLEE

Fla. 3d DCA | 1962-07-17
No. 61-530
Before PEARSON, TILLMAN, C. J., and BARKDULL and HENDRY, JJ., PEARSON, TILLMAN, C. J., dissents.
143 So. 2d 504 Florida District Court of Appeal, Third District (1962) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See: Crosby v. Stubblebine, Fla.App.1962, 142 So.2d 358.

PEARSON, TILLMAN, C. J., dissents.

PEARSON, TILLMAN, Chief Judge

(dissenting).

It is my view that this judgment should: be reversed and the cause remanded for a new trial because of an erroneous instruction. The instruction was, I think, contrary to the law of this State as set forth in Carraway v. Revell, Fla.1959, 116 So.2d 16, 22.

The faulty instruction was objected to at charge conference, and the record reveals that it was upon a vital issue. It was therefore prejudicial. Once it appears-from the record that the issue is vital, it ought not to be incumbent on a party to include unnecessary matter in the record. T would think it most unfortunate if the opinion cited by the majority were interpreted to require unnecessary matter in a record.

Dissent
PEARSON, TILLMAN, Chief Judge

PEARSON, TILLMAN, Chief Judge

(dissenting).

It is my view that this judgment should: be reversed and the cause remanded for a new trial because of an erroneous instruction. The instruction was, I think, contrary to the law of this State as set forth in Carraway v. Revell, Fla.1959, 116 So. 2d 16, 22.

The faulty instruction was objected to at charge conference, and the record reveals that it was upon a vital issue. It was therefore prejudicial. Once it appears-from the record that the issue is vital, it ought not to be incumbent on a party to include unnecessary matter in the record. T would think it most unfortunate if the opinion cited by the majority were interpreted to require unnecessary matter in a record.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Castaldo v. Singapore, 258 So. 2d 499 (Fla. 3d DCA 1972)
    …rm the action of the trial judge, because the record is insufficient to determine whether or not he committed error in declining to give the complained of instructons. Crosby v. Stubblebine, Fla.App.1962, 142 So. 2d 358; Clark v. Gray, Fla.App.1962, 143 So. 2d 504; Direct Transport Company of Florida v. Rakaskas, Fla.App.1964, 167 So. 2d 623; Speight v. Dulimba, Fla.App.1968, 208 So. 2d 833. Affirmed.…
  • Clark v. Gray, 149 So. 2d 47 (Fla. 1962)
    …Certiorari denied without opinion. 143 So. 2d 504.…

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