CHARLES ARTHUR MUENCH, APPELLANT,

v.

DOROTHY ROBBINS FISHER, APPELLEE

Citator

Cited By

• Borenstein v. Raskin, 401 So. 2d 884 (Fla. 3d DCA 1981)
  …s. . We note that the issue is preserved for appellate review because counsel objected to use of the jury instruction prior to submission to the jury and the giving of the instruction was erroneous and prejudicial. Smith v. McCullough Dredging Co., 152 So. 2d 194 (Fla.3d DCA 1963), cert. denied, 165 So. 2d 178 (Fla.1964) (issue of jury instruction over objection of counsel preserved for appeal where instruction erroneous and prejudicial.) See, e.g., Aragon v. Florida Equipment Company of Miami, Inc., 368 So.…
• Winselmann v. Reynolds, 690 So. 2d 1325 (Fla. 3d DCA 1997)
  …mages resulting from wrongful injury to the mortgaged property,' whereby the property is rendered of less value as security for the mortgage debt.... Atlantic Coast, 122 Fla. at 156-57, 165 So. 563; see also, e.g., Smith v. McCullough Dredging Co., 152 So. 2d 194, 196 (Fla. 3d DCA 1963) (finding where injury resulting directly and immediately from defendant’s act is not merely consequential, cause of action is for “simple trespass” and contributory negligence is no defense; where injury is indirect or second…
• Bolin v. ACE Disc. Co., 256 So. 2d 41 (Fla. 3d DCA 1971)
  …ed and the arguments of counsel, we express the view that the trial court erroneously gave a charge to the jury as to contributory negligence, where the question was not an issue in the case. See: Smith v. McCullough Dredging Company, Fla. App.1963, 152 So. 2d 194, 196. The additional instruction given in an attempt to cure the error failed to accomplish the purpose intended. Therefore, for the reasons stated, the judgment appealed is reversed. Reversed.…

Authorities Cited

• Freeman v. Bandlow, 143 So. 2d 547 (Fla. 2d DCA 1962)