IDA MCDERMOTT, A WIDOW, APPELLANT,
v.
HOWARD P. MCCLAIN, AND AMERICAN HOSPITAL SUPPLY CORPORATION, AN ILLINOIS CORPORATION, APPELLEES
ORDER ON MANDATE
WHEREAS, the judgment of this court was entered on March 4, 1969 (220 So.2d 394) reversing the summary judgment of the Circuit Court for 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 February 18, 1970 (232 So.2d 161) and mandate dated March 23, 1970, now lodged in this court, reversed this court’s judgment and remanded the cause for reinstatement of the summary judgment;
NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued on April 10, 1969 is withdrawn, the opinion and judgment of this court filed March 4, 1969 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the summary 'judgment of the circuit court is reinstated and affirmed. Costs allowed shall be taxed in the circuit court (Rule 3.16(b), Florida Appellate Rules, 32 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Robison v. Micheline Faine & Catalano's Nurses Registry, Inc., 525 So. 2d 903 (Fla. 3d DCA 1987)…peal. . Robison also argues that the court erred in refusing to allow her to read part of Faine’s deposition to the jury as FIa.R.Civ.P. 1.330(a) permits. We discern no harmful error. As was the case in Curtiss Natl Bank of Miami Springs v. Street, 233 So. 2d 453, 455 (Fla. 3d DCA 1970), counsel had ample opportunity to impeach the witness on cross-examination. Furthermore, the deposition was not inconsistent with Faine’s testimony at trial.…
-
Rhodes v. Asplundh Tree Expert Co., 528 So. 2d 459 (Fla. 3d DCA 1988)…owever, and suggested overloading as a possible cause. Rhodes complains that he was denied the opportunity to recall his expert to present rebuttal testimony on this point. We reject his contention. See Curtiss Nat’l Bank of Miami Springs v. Street, 233 So. 2d 453 (Fla. 3d DCA 1970). Rhodes had presented an expert witness who discounted overloading as the proximate cause of the accident. Thus, the trial court committed no reversible error in excluding rebuttal evidence which would have been cumulative in natu…
Authorities Cited
- McCLAIN v. McDERMOTT, 232 So. 2d 161 (Fla. 1970)
- McDERMOTT v. McCLAIN, 220 So. 2d 394 (Fla. 3d DCA 1969)