SIMMONS
v.
CITY OF OPA LOCKA

Fla. | 1964-09-01
No. 33195
THOMAS, CALDWELL, ERVIN and HOBSON (Ret.), JJ., concur., DREW, C. J., dissents.
168 So. 2d 145 Florida Supreme Court (1964) Positive Treatment
Cited by 6 cases

Opinion of the Court

Certiorari denied.

THOMAS, CALDWELL, ERVIN and HOBSON (Ret.), JJ., concur.

DREW, C. J., dissents.

DREW, Chief Justice

(dissenting) :

I would grant for reason stated in Hallett v. Westover Arms Apt. Hotel, Fla., 168 So.2d 544.

Dissent
DREW, Chief Justice

DREW, Chief Justice

(dissenting) :

I would grant for reason stated in Hallett v. Westover Arms Apt. Hotel, Fla., 168 So. 2d 544.

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Citator

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  • Metro. Dade Cnty. v. Martinez, 375 So. 2d 864 (Fla. 3d DCA 1979)
    …PER CURIAM. Affirmed. See City of Coral Gables v. Patty, 162 So. 2d 530 (Fla.3d DCA 1964), cert. denied, 168 So. 2d 145 (Fla.1964).…
  • Dura-Stress, Inc. v. Honorable William G. LAW, Jr., 634 So. 2d 769 (Fla. 5th DCA 1994)
    …ion for a new trial, an order granting a new trial in such cases is not entitled to the same weight on appeal as is an order of a judge who tried the case. General Hospital of Greater Miami, Inc. v. Gager, 160 So. 2d 749 (Fla. 3d DCA), cert. denied, 168 So. 2d 145 (Fla.1964). . See Hayslip v. Douglas, 400 So. 2d 553 (Fla. 4th DCA 1981).…
  • …rder granting the new trial, while not entitled to the same weight as an order of the presiding judge, does come to us clothed with a presumption of correctness. Gen. Hosp. of Greater Miami, Inc. v. Gager, 160 So. 2d 749 (Fla. 3d DCA), cert. denied, 168 So. 2d 145 (Fla.1964). We agree with the successor trial judge’s findings that the unrecorded jury question “reflected the jury’s confusion as to its responsibility in resolving the issues.” A jury has a right to ask questions calculated to shed light on the…

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