ROBERT HERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Appellant was convicted of buying, receiving, and aiding in the concealment of stolen property. He complains on appeal of alleged errors during the trial, to none of which timely objection was raised and none of which is fundamental. Jones v. State, 187 So.2d 915 (2d D.C.A.Fla.1966), cert.den. 194 So.2d 619 (Fla.1967). Appellant also contends that he was denied a fair trial because of the representation by the samé attorney of appellant and a codefend-ant. This contention is without merit because appellant voluntarily engaged the attorney who represented him. Davis v. State, 209 So.2d 701 (3d D.C.A.Fla.1968).
Affirmed.
LILES, C. J., and PIERCE, J., concur.
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Jaar v. The Univ. OF Miami, 474 So. 2d 239 (Fla. 3d DCA 1985)…f Miami. The question of agency is normally a jury question. Cirou v. Basler, 432 So. 2d 628 (Fla. 3d DCA 1983); Bernstein v. Dwork, 320 So. 2d 472 (Fla. 3d DCA 1975); Financial Fire & Casualty Company v. Southmost Vegetable Cooperative Association, 212 So. 2d 69 (Fla. 3d DCA 1968). It was properly submitted to the jury under the issues as framed in the pleadings. Parsons v. Reyes, 238 So. 2d 561 (Fla.1970); Bruce Construction Corp. v. The State Exchange Bank, 102 So. 2d 288 (Fla.1958); Gravette v. Turner, 7…
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Amerven, Inc. v. Abbadie, 238 So. 2d 321 (Fla. 3d DCA 1970)…bar) the question of whether an agency relationship exists is for the jury to determine. Standard Oil Company v. Nickerson, 103 Fla. 701, 138 So. 55 (1931) ; Financial Fire & Casualty Co. v. Southmost Vegetable Cooperative Association, Fla.App.1968, 212 So. 2d 69. The final judgment being appealed precluded a jury, or the finder of fact, from determining whether Chester, Blackburn and Roder, Inc. was such an agent as to be shielded from liability due to any negligence in the carrying out of its proper duties…
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Scott v. SUN Bank OF Volusia Cnty., 408 So. 2d 591 (Fla. 5th DCA 1981)…ency relationship, however, is ordinarily a question to be determined by the jury in accordance with the evidence adduced at trial. Amerven, Inc. v. Abbadie, 238 So. 2d 321 (Fla. 3d DCA 1970); Financial Fire & Cas. Co. v. Southmost Veg. Coop Ass’n., 212 So. 2d 69 (Fla. 3d DCA 1968). Therefore, the trial court’s action in dismissing counts III and IV of appellant’s third amended complaint was error. REVERSED and REMANDED. SHARP and COWART, JJ., concur. . This section provides that: Nothing is consideratio…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Davis v. State, 209 So. 2d 701 (Fla. 3d DCA 1968)
- Chandler Jones and S. Macie Jackson v. State, 187 So. 2d 915 (Fla. 2d DCA 1966)
- Forrest E. Honea v. State, 194 So. 2d 619 (Fla. 1966)
- Harvey v. State, 194 So. 2d 619 (Fla. 1966)