STATE, EX REL. GEORGE C. BEDELL AND CHESTER C. BEDELL, AS CO-PARTNERS UNDER THE FIRM NAME AND STYLE OF BEDELL & BEDELL,
v.
JAMES H. FRANKLIN, JAMES E. BEARDSLEY, GEORGE A. CHALKER, E. R. MCNEILL, H. L. LYONS, AS AND CONSTITUTING THE BOARD OF COMMISSIONERS OF EVERGLADES DRAINAGE DISTRICT, AND THE SAID EVERGLADES DRAINAGE DISTRICT, A BODY CORPORATE
STATE, EX REL. GEORGE C. BEDELL AND CHESTER C. BEDELL, AS CO-PARTNERS UNDER THE FIRM NAME AND STYLE OF BEDELL & BEDELL,
JAMES H. FRANKLIN, JAMES E. BEARDSLEY, GEORGE A. CHALKER, E. R. MCNEILL, H. L. LYONS, AS AND CONSTITUTING THE BOARD OF COMMISSIONERS OF EVERGLADES DRAINAGE DISTRICT, AND THE SAID EVERGLADES DRAINAGE DISTRICT, A BODY CORPORATE
134 Fla. 768
Florida Supreme Court (1938)
Positive Treatment
Also reported at: 184 So. 238
Cited by 15 cases
Opinion of the Court
The alternative writ of mandamus' issued herein is quashed on the authority of State, ex rel. J. E. D. Yonge, et al, Relators, v. Franklin, et al., Respondents, filed herewith.
It is so ordered.
AVhitfield, Terrell, Brown, Buford and Chapman, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Carls Mkts., Inc. v. Meyer, 69 So. 2d 789 (Fla. 1953)…116 So. 766. On the other hand, this court has held that references in the course of a trial to the defendant’s insurance may become harmless by an appropriate charge from' the court. Wall v. Little, 102 Fla. 1015, 136 So. 676; Rosenberg v. Coman, 134 Fla. 768, 184 So. 238; Ryder v. Plumley, 138 Fla. 378, 189 So. 422; Lambert v. Higgins, Fla., 63 So. 2d 631. But it does not follow that testimony about the insurance carried by a defendant may be introduced and admitted to considerable extent and afterward…
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Seminole Shell Co., Inc. v. Clearwater Flying Co., Inc., 156 So. 2d 543 (Fla. 2d DCA 1963)…it may become harmless error by appropriate charge by the court at that particular time. Wall v. Little, 102 Fla. 1015, 136 So. 676; Carls Markets, Inc. v. Meyer, Fla., 69 So. 2d 789; Ryder v. Plumley, 138 Fla. 378, 189 So. 422; Rosenberg v. Coman, 134 Fla. 768, 184 So. 238, 239. In this particular case when the words “hull insurance” were inadvertently included in the witness’s testimony, the Court, no doubt, would have stricken the testimony and appropriately instructed the jury upon motion of either par…
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Lambert v. Higgins, 63 So. 2d 631 (Fla. 1953)…uestion of insurance in this case. Whether or not there is any insurance is no concern of yours and should not enter into your deliberations in any way.” The above language is almost exactly what the lower court told the jury in Rosenberg v. Coman, 134 Fla. 768, 184 So. 238, and concerning which we said, quoting from Wall v. Little, 102 Fla. 1015, 136 So. 676, 677: “The rule is well established in practically all jurisdictions that, when improper evidence is elicited or when improper evidence is volunteer…
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