RIVERS BODY ORLANDO, INC., APPELLANT,
v.
HARTFORD ACCIDENT AND INDEMNITY COMPANY, APPELLEE

Fla. 2d DCA | 1964-10-02
No. 4431
WHITE, Acting C. J., ANDREWS, J.,. and McCORD, GUYTE P., Jr., Associate: Judge, concur.
167 So. 2d 760 Florida District Court of Appeal, Second District (1964) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Rivers Body of Orlando, Inc. appeals a final judgment entered upon a jury’s verdict for the defendant, Hartford Accident and Indemnity Company.

The issue raised on appeal is the objection of plaintiff to a particular instruction to the jury.

The findings of the jury which have been* reviewed by the trial judge on motion for new trial will not be disturbed on appeal' when there is any substantial evidence to’ support the verdict unless error of the-trial judge in the instructions to the jury will result in a miscarriage of justice. The-record on appeal fails to establish such, fact. Dowling v. Loftin, Fla.1954, 72 So.. 2d 283.

Affirmed.

WHITE, Acting C. J., ANDREWS, J.,. and McCORD, GUYTE P., Jr., Associate: Judge, concur.


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Citator

Cited By

  • Henningsen v. Smith, 174 So. 2d 85 (Fla. 2d DCA 1965)
    …unless error of the trial judge in the instructions to the jury appears to have resulted in a miscarriage of justice. The record on appeal fails to establish such fact. Rivers Body Orlando, Inc. v. Hartford Accident and Indemnity Co., Fla.App.1964, 167 So. 2d 760. Affirmed. WHITE, Acting C. J., and KANNER, (RET.), J., concur. . Although the pretrial order was signed February 28, 1963, reciting that plaintiffs list of witnesses was filed “this date,” plaintiffs original witness list in-eluded in the appeal…

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