EUGENE BURCH, APPELLANT,

v.

ARTHUR HAL GILBERT, ETC., ET AL., APPELLEES

Citator

Cited By

• Cook v. Lichtblau, 176 So. 2d 523 (Fla. 2d DCA 1965)
  …ition that he “took it out with his hands and sucked it out with suction;” also, that he “grabbed a suction and sucked some out.” . Compare Dobson v. Crews, Fla.App.1964, 164 So. 2d 252 and Florida East Coast Railway Company v. Lewis, Fla.App.1964, 167 So. 2d 104 with the dissenting opinion of White, J., in Thoman v. Ashley, Fla.App.1964, 170 So. 2d 332, 337-339. . 5 Moore's Federal Practice, Par. 41.-05[1]. . 5 Moore’s Federal Practice, Par. 41.-13 [1]. As originally promulgated this sentence applied to b…
• Thoman v. Timmothy Ashley, 170 So. 2d 332 (Fla. 2d DCA 1964)
  …n the same cause of action. This determination, having been made between the parties, was not subject to a reversal by the trial judge upon the refiling of the cause of action.” (emphasis added) In Florida East Coast Ry. Co. v. Lewis, Fla.App.1964, 167 So. 2d 104, opinion by Judge Wigginton filed 16 June 1964, the First District softened the apparent harshness of its Dobson decision by noting several distinctions; (1) At the first trial, defendant failed to object to plaintiff’s announcement of nonsuit and n…

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• Fla. E. Coast Ry. Co. v. Rodman G. Lewis, 177 So. 2d 334 (Fla. 1965)
  …PER CURIAM. By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, First District, because of alleged conflicts with decisions of other District Courts. Florida East Coast Railway Company v. Lewis, 167 So. 2d 104. The petitioner seeks review of a final judgment pursuant to a jury verdict in favor of respondent at a second trial held after the re-institution of the case following an order allowing a voluntary non-suit. There was no final order of dismissal o…

Authorities Cited

• Burch v. Gilbert, 148 So. 2d 289 (Fla. 1st DCA 1963)