PHILIP J. BERNSTEIN, APPELLANT,
v.
COMMON MARKETS, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1966-02-01
No. 65-526
Before TILLMAN PEARSON, CARROLL and BARKDULL, JJ.
183 So. 2d 290 Florida District Court of Appeal, Third District (1966) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, as plaintiff in the trial court, brought an action in two counts against the appellee. Each count was for salary claimed under an employment contract. The first count alleged a written contract and the second, an oral agreement to employ. A jury trial resulted in a verdict and subsequent judgment for the defendant on both counts.

On this appeal, appellant has failed to demonstrate prejudicial error. The judgment is affirmed upon authority of the rule that an appellate court will not reverse a judgment based on substantial evidence where the record does not reveal that the errors resulted in a miscarriage of justice. Symmes v. Prairie Pebble Phosphate Co., 69 Fla. 4, 67 So. 228 (1915); Victor Hotel Owners v. Sperling, Fla.App.1958, 104 So.2d 120.

Affirmed.


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Citator

Cited By

  • S. Kornreich & Sons, Inc. v. Titan Agencies, Inc., 423 So. 2d 940 (Fla. 3d DCA 1982)
    …ve days before trial they took a thirteen-hour deposition of the employee who had prepared the summary. On these facts we cannot agree that the technical violation of § 90.956,1 Florida Statutes (1977) was harmful. Bernstein v. Common Markets, Inc., 183 So. 2d 290 (Fla. 3d DCA 1966); Victor Hotel Owners, Inc. v. Sperling, 104 So. 2d 120 (Fla. 3d DCA 1958). Affirmed. . § 90.956, Fla.Stat. (1977) provides: When it is not convenient to examine in court the contents of voluminous writings, recordings, or photo…
  • Bernstein v. Common Mkts., Inc., 189 So. 2d 632 (Fla. 1966)
    …Certiorari denied without opinion. 183 So. 2d 290.…
  • Bernstein v. Common Mkts., Inc., 298 So. 2d 528 (Fla. 3d DCA 1974)
    …PER CURIAM. The genesis of the litigation between the parties dates back ten years. Two appeals have been taken to this court. See, Bernstein v. Common Markets, Inc., Fla.App.1966, 183 So. 2d 290; Bernstein v. Coats, Fla.App.1971, 247 So. 2d 725. In the latter case, we reversed and remanded for a new trial only on the question of damages based on a counterclaim by the appellee for malicious prosecution against Bernstein, which arose from th…

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