GENERAL TIRE & RUBBER CO.

v.

WATKINS, U. S. DISTRICT JUDGE

Citator

Cited By (25 total)

• Salvatore v. State, 366 So. 2d 745 (Fla. 1978)
  …judice which must be met by defendant in order to obtain a new trial varies inversely with the degree to which the conduct of the trial has violated fundamental notions of fairness. See Kyle v. United States, 297 F. 2d 507 (2d Cir. 1961), cert. den. 377 U.S. 909, 84 S.Ct. 1170, 12 L.Ed.2d 179. In the case sub judice there was negligence on the part of the prosecution, but no misstatements to the court. At one time defense counsel had access to the tape. On cross-examination when asked “you have lied under…
• R. K. Cooper Builders, Inc. v. Free-Lock Ceilings, Inc., 219 So. 2d 87 (Fla. 3d DCA 1969)
  …job was completed at a reasonable cost, or in good faith. Moreover, the amount actually expended must be proven with a reasonable degree of certainty. See Nello L. Teer Co. v. Hollywood Golf Estates, Inc., 324 F. 2d 669 (5 Cir., 1963), cert. denied, 377 U.S. 909, 84 S.Ct. 1169, 12 L. Ed.2d 178. After such a showing, the contractor claiming money due for services performed up to the time of the breach, may present evidence of the aforementioned factors to offset the owner’s figures. For the reasons stated t…
• Tuttle/White Constructors, Inc. v. Montgomery Elevator Co., 385 So. 2d 98 (Fla. 5th DCA 1980)
  …annot be predicated upon pure speculation,’ Kennedy and Ely Ins. Inc. v. American Employers’ Insurance Co., Fla.Ct.App., 179 So. 2d 248, 249, see also Nello L. Teer Co. v. Hollywood Golf Estates, Inc., 5 Cir., 1963, 324 F. 2d 669, 672, cert. denied, 377 U.S. 909, 84 S.Ct. 1169, 12 L.Ed.2d 178, the conclusion that no damages should be allowed is supportable. Traveler’s Indemnity Co., supra at 1157. We must remember that the judgment of the trial court reaches this Court clothed with a presumption in favor o…