KELNER

v.

SURITZ

Citator

Cited By (12 total)

• State v. White, 324 So. 2d 630 (Fla. 1975)
  …tly, I would adhere to the decisions in Battle v. State, 292 So. 2d 594 (Fla.App.2d 1974); McCullers v. State, 206 So. 2d 30 (Fla.App.4th 1968), cert. denied, 210 So. 2d 868 (Fla.1968); Nelson v. State, 157 So. 2d 96 (Fla.App.3d 1963), cert. denied, 165 So. 2d 178 (Fla.1964, and Clark v. State, 318 So. 2d 487 (Fla.App.4th 1975), insofar as it 'applies to the crime of assault prior to statutory definition thereof by the Legislature. As pointed out by the majority the elements of assault were not expressed in…

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• Borenstein v. Raskin, 401 So. 2d 884 (Fla. 3d DCA 1981)
  …pellate 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. 2d 90 (Fla.3d DCA 1979) (erroneous jury instruc…
• Dillard Smith Constr. Co. v. Greene, 337 So. 2d 841 (Fla. 1st DCA 1976)
  …ment against JEA was reversed. Appellant’s failure to present an adequate written claim to JEA prior to final payment could not bar the subcontractor’s claim against appellant. See Suritz v. Kelner, 155 So. 2d 831, 834 (Fla.App.3d, 1963), cert. den. 165 So. 2d 178 (Fla.1964); Martin v. Hall, 20 Cal.App.3d 414, 97 Cal.Rptr. 730, 53 A.L.R.3d 719, 723-24 (1971). In one respect the second amended complaint adequately states a cause of action for professional negligence. While the alleged but problematic “simple…

Authorities Cited

• Suritz v. Kelner, 155 So. 2d 831 (Fla. 3d DCA 1963)