GERALD J. HERZOG, INC., A FLORIDA CORPORATION, APPELLANT,
v.
918-928 LINCOLN ROAD, INC., A FLORIDA CORPORATION, AND DIXIE BUILDING MAINTENANCE, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 3d DCA | 1966-01-18
Nos. 65-283, 65-284
Before HENDRY, C. J., and TILLMAN PEARSON, and SWANN, JJ.
182 So. 2d 53 Florida District Court of Appeal, Third District (1966) Positive Treatment
Cited by 1 case

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida District Court of Appeal affirmed a trial court's judgment based on a jury verdict, finding no reversible error in the admission of evidence or the jury charge.


Holding

No, the trial court did not err in admitting the lease into evidence, and the jury instructions were proper, thus there was no reversible error.


Key Quotes

“Any fact relevant to prove a fact in issue is admissible unless its admissibility is precluded by some specific rule of exclusion.”

Establishes the general rule for evidence admissibility.

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The plaintiff, Gerald J. Herzog, Inc., appealed an adverse jury verdict and judgment. The appeal focused on the trial court's admission of a lease int…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by the plaintiff in •the trial court from an adverse judgment based on a jury verdict. Motion for new trial was made and denied. The points involved raise questions concerning the admissibility of evidence admitted by the trial court and the propriety of the court’s ■ charge to the jury.

The point directed to the admissibility of a lease, which was admitted into evidence over plaintiff’s objection, must be decided adversely to the appellant. Any fact relevant to prove a fact in issue is admissible unless its admissibility is precluded by some specific rule of exclusion. Johnson v. State, Fla.1961, 130 So.2d 599.

We have reviewed the charge in its entirety and hold that appellant’s objections do not show reversible error. See Florida East Coast Railway Company v. Lawler, Fla.App.1963, 151 So.2d 852.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw