TIMOTHY P. GARVEY, APPELLANT,
v.
KENDRICK D. MCNULTY, APPELLEE

Fla. 3d DCA | 1968-08-06
No. 67-1031
Before CHARLES CARROLL, C. J., and BARKDULL and SWANN, JJ.
213 So. 2d 319 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 1 case

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Synopsis

The appellate court affirmed a jury verdict awarding damages to the plaintiff, finding no reversible error in the trial court's proceedings. The case involved a prior reversal of a summary judgment for the defendant.


Holding

No reversible error was committed by the trial court. The jury instructions were appropriate for the evidence, the expert depositions were admissible, and the officer's testimony was properly allowed.


Key Quotes

“On consideration of the several contentions made on behalf of the appellant, we conclude no reversible error has been shown, and affirm.”

This quote establishes the court's conclusion that the trial court's decisions were not erroneous and the judgment should be upheld.

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Facts & Procedural History

The plaintiff was awarded damages by a jury after a trial. This followed a previous appeal where the appellate court reversed a summary judgment that …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is by the defendant below from an adverse judgment rendered *320upon a jury verdict which awarded damages to plaintiff. Previously this court had reversed a summary judgment entered in favor of the defendant. See McNulty v. Garvey, Fla.App.1966, 189 So.2d 234, wherein the principal facts are disclosed. On consideration of the several contentions made on behalf of the appellant, we conclude no reversible error has been shown, and affirm. The charges were properly tailored to the evidence presented, and the cause was properly submitted to the jury for determination of the issues. Admissibility of the depositions of the expert witnesses was sufficiently established to permit their use. No error was committed in permitting plaintiff to inquire of the investigating officer as to the distance between the vehicles at a certain time, after defendant had presented a statement made by him to the officer regarding such distance.

Affirmed.


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Citator

Cited By

  • Garvey v. McNULTY, 219 So. 2d 696 (Fla. 1968)
    …Certiorari dismissed without opinion. 213 So. 2d 319.…

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