STATE OF FLORIDA EX REL. EVELYNE M. GREENE, APPELLANT,
v.
DOYLE CONNER, AS COMMISSIONER OF AGRICULTURE, APPELLEE
STATE OF FLORIDA EX REL. EVELYNE M. GREENE, APPELLANT,
DOYLE CONNER, AS COMMISSIONER OF AGRICULTURE, APPELLEE
190 So. 2d 12
Florida District Court of Appeal, First District (1966)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Appeal is taken from an order granting defendant’s Motion to Quash the Petition for Alternative Writ of Mandamus sought by plaintiff (appellant). Said order not being a final judgment from which an appeal will lie, this court must dismiss the appeal ex mero motu. State ex rel. Mott v. Scofield, 120 So.2d 825 (Fla.App,2d, 1960); State ex rel. Sidman v. Fink, 140 So.2d 612 (Fla.App.3d, 1962).
Dismissed.
WIGGINTON, Acting C. J., and JOHNSON and SACK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Holley v. State, 423 So. 2d 562 (Fla. 1st DCA 1982)…ssive force and therefore was not engaged in the lawful execution of a legal duty. Whether Lazenby’s striking of the defendant first would constitute an excessive use of force, however, was a question for the jury. Cf. City of Fort Pierce v. Cooper, 190 So. 2d 12 (Fla. 4th DCA 1966). Therefore, the trial court did not err in refusing to give this instruction. The judgment below is REVERSED and the cause REMANDED for a new trial. ROBERT L. SMITH, Jr., C.J., and THOMPSON, J., concur.…
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Clark W. Jennings v. City OF Winter Park & Ins. Co. of N. Am., 250 So. 2d 900 (Fla. 4th DCA 1971)…ged to use under the circumstances, he is liable for only so much of the force as is excessive.” City of Miami v. Albro, Fla.App.1960, 120 So. 2d 23, at page 26. This language is adopted with approval in City of Fort Pierce v. Cooper, Fla.App.1966, 190 So. 2d 12. Where a jury departs from its function - and fails to harmonize its verdict with the manifest weight of the evidence, an appellate court in such unusual case must exercise its power to grant the litigants a new trial. I dissent and say that I wou…1 / 2
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Seely. v. The HERTZ Corp., 231 So. 2d 547 (Fla. 4th DCA 1970)…companies orders allowing a new trial has not been overcome. No abuse of discretion having been demonstrated, the order granting a new trial is hereby affirmed. Cloud v. Fallis, Fla. 1959, 110 So. 2d 669; City of Fort Pierce v. Cooper, Fla.App.1966, 190 So. 2d 12; and Volk v. Goetz, Fla.App. 1967, 206 So. 2d 250; 2 Fla.Jur., Appeals, § 317. Affirmed. WALDEN, REED, and OWEN, JJ., concur.…
Authorities Cited
- State of Fla. ex rel. Raymond E. Mott v. Scofield, 120 So. 2d 825 (Fla. 2d DCA 1960)
- State of Fla. ex rel. Joseph B. Sidman & Jack P. Bluestein v. Fink, 140 So. 2d 612 (Fla. 3d DCA 1962)