FERLIE BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1968-03-14
No. 1-261
WIGGINTON, C. J. and CARROLL, DONALD K., and RAWLS, JJ., concur.
208 So. 2d 110 Florida District Court of Appeal, First District (1968) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed.

WIGGINTON, C. J. and CARROLL, DONALD K., and RAWLS, JJ., concur.


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  • …peal which reversed the judgment of the trial court in favor of the petitioners, who were plaintiffs below. The decision of the District Court of Appeal is reported as United States Rubber Company v. Jefferson Realty of Fort Lauderdale, Inc. et al., 208 So. 2d 110. The record reflects that Jefferson Realty of South Dade, Inc., Jefferson Realty of Fort Lauderdale, Inc., and Jefferson Funland, Inc., designated hereinafter as original plaintiffs, and Jefferson Stores, Inc., (which was permitted to be joined as…
  • Gutierrez v. Yraida Leyva Bermudez, 540 So. 2d 888 (Fla. 5th DCA 1989)
    …e the trial is had on the merits, the trial itself becomes the best test of either party’s right to judgment....” 125 So. 2d at 891. See also Howarth Trust v. Howarth, 310 So. 2d 57 (Fla. 1st DCA 1975); United States Rubber Co. v. Jefferson Realty, 208 So. 2d 110 (Fla. 3d DCA 1968); Busbee-Bailey Tomato Co. v. Bailey, 463 So. 2d 1255 (Fla. 1st DCA 1985). Once trial commences, a defendant tests the sufficiency of the plaintiff’s evidence by a motion for directed verdict. Fish Carburetor, supra. Here, the plai…
  • …PER CURIAM. Whereas, the judgment of this court was rendered on February 21, 1968 (208 So. 2d 110) reversing the judgment of the Circuit Court of Dade County, Florida, in the above styled cause; and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed April 16, 1969 (222 So.…

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