R. E. JACQUES
v.
WELLINGTON CORPORATION

Fla. | 1938-10-11
Ellis, C. J., and Terrell and Buford, J. J., concur., Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
134 Fla. 211 Florida Supreme Court (1938) Positive Treatment
Also reported at: 183 So. 718
Cited by 17 cases
Other
Per Curiam.

On Petition for Rehearing

Per Curiam.

The petition for rehearing should be granted because this Court overlooked and failed to consider the force and effect of that part of the order here under review wherein the Circuit Judge said:

“The above styled and entitled cause comes on before this Court to be heard solely and only upon the petition of the petitioner filed July 21, 1938;”

On review of the Order of the Circuit Court the Appellate Court should confine itself to consideration of only those matters and questions which were before the lower court and should not go beyond the record made and appearing in the lower court.

The question of the power of the County Judge to direct *212a verdict for either party was not presented to the lower court.

Rehearing granted.

Ellis, C. J., and Terrell and Buford, J. J., concur.

Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Mariani v. Schleman, 94 So. 2d 829 (Fla. 1957)
    …lf to a review of those questions, and only those questions, which were before the trial court. Matters not presented to the trial court by the pleadings and evidence will not be considered by this court on appeal. Jacques v. Wellington Corporation, 134 Fla. 211, 183 So. 718; Southern Liquor Distributors v. Kaiser, 150 Fla. 52, 7 So. 2d 600. We have diligently and cautiously examined not only the appendices to the briefs but also the original record in its entirety. Although there are conclusions of law th…
  • Anders v. Anders, 153 Fla. 54 (Fla. 1943)
    …nate. . . .” The appellate court, on review of orders of the Circuit Court, should confine itself to the consideration of questions which were before the lower court and should not go beyond the record made therein. See Jacques v. Wellington Corp., 134 Fla. 211, 183 So. 718. Questions not presented in the trial court are not reviewable on appeal. Green v. Parmelee, 134 Fla. 289, 183 So. 726. Issues which were not in the pleadings and not considered by the trial court will not be considered by the Supreme C…
  • Ducharme v. State, 690 So. 2d 1358 (Fla. 2d DCA 1997)
    …ue is not before us and because the state of this record is undeveloped as to the nature of the appellant’s offense and when she committed it, it would be inappropriate for us to reach the merits of such an argument. See Jacques v. Wellington Corp., 134 Fla. 211, 183 So. 718 (1938) (in reviewing order of circuit court, appellate court should confine itself to those matters [*1361] and questions before the lower court and should not go beyond the record made and appearing in the lower court). It should be r…

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