STATE ROAD DEPT.

v.

CANAVERAL MARINE INC.

Citator

Cited By

• Fino v. Nodine, 646 So. 2d 746 (Fla. 4th DCA 1994)
  …could have called every single witness. I wouldn’t have anything to call, but they didn’t do it. They tried to say that somehow it is bad that we didn’t do it. In Geiger v. Mather of Lakeland, Inc., 217 So. 2d 897 (Fla. 4th DCA 1968), cert. denied, 225 So. 2d 528 (Fla.1969), this court said: It is a general rule that the faüure of a party to appear or testify as to material facts within his knowledge creates an inference that he refrained from appearing or testifying because the truth, if made to appear, wo…
• Vernelle Lowder v. Econ. Opportunity Fam. Health Ctr. Inc., 680 So. 2d 1133 (Fla. 3d DCA 1996)
  …ore us. As a matter of common sense, Dr. Ayers was not joined as a party defendant in this case, and the rules relating to parties who decline to testify, see Geiger v. Mather of Lakeland, Inc., 217 So. 2d 897, 898 (Fla. 4th DCA 1968), cert. denied, 225 So. 2d 528 (Fla.1969), have no application here. It has also been held that the missing witness inference does not arise where the testimony of the missing witness would be cumulative. The weight of authority supports the general rule that the failure of a p…
• Maxfly Aviation, Inc. v. Gill, 605 So. 2d 1297 (Fla. 4th DCA 1992)
  …r Creek Nursing Home, Inc., 465 So. 2d 562 (Fla. 3d DCA1985); Alter v. Finesmith, 214 So. 2d 732 (Fla. 3d DCA1968), cert. denied, 225 So. 2d 538 (Fla.1969); compare Geiger v. Mather of Lakeland, Inc., 217 So. 2d 897 (Fla. 4th DCA1968), cert. denied, 225 So. 2d 528 (“It is a general rule that the failure of a party to appear or testify as to material facts within his knowledge creates an inference that he refrained from appearing or testifying because the truth, if made to appear, would not aid his contention.…

Authorities Cited

• Guenther v. The Boeing Co. & Hartford Accident & Indem. Co., 219 So. 2d 483 (Fla. 4th DCA 1969)