DIEHL MACHINES, INC., APPELLANT,
v.
MIDLAND NATIONAL INSURANCE COMPANY, A CORPORATION, APPELLEE
DIEHL MACHINES, INC., APPELLANT,
MIDLAND NATIONAL INSURANCE COMPANY, A CORPORATION, APPELLEE
238 So. 2d 137
Florida District Court of Appeal, Fourth District (1970)
Positive Treatment
Cited by 16 cases
Opinion of the Court
Plaintiff moved for a new trial on the question of damages. The trial court granted the motion and went on to amend a portion of a pre-trial order concerning the burden of proof. Plaintiff seeks to appeal. It is our view that plaintiff is not “aggrieved” and so cannot challenge the order appealed. We do not pass upon the propriety of the trial court’s pre-trial decision as concerns the burden of proof. A consideration of it would be premature and the parties may seek review of the final judgment as they are advised.
WALDEN, REED and OWEN, JJ., concur.
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Dupree v. State, 615 So. 2d 713 (Fla. 1st DCA 1993)…g, or will tend to do so; and such conduct of the deceased, at the time of the killing, which it is proposed thus to explain, must be shown before the auxiliary evidence of such character can be introduced. Id., 9 So. at 841. In Williams v. State, 238 So. 2d 137 (Fla. 1st DCA), cert. denied, 241 So. 2d 397 (Fla.1970), this court, in ruling that it was not error to preclude a defendant from introducing character evidence of the victim, stated: Point Y of appellant was that it was error not to permit the def…
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Quintana v. State, 452 So. 2d 98 (Fla. 1st DCA 1984)…some overt act by the deceased at or about the time of the slaying that reasonably indicated a need for action by the defendant in self-defense.” Williams v. State, 252 So. 2d 243, 247 (Fla. 4th DCA 1971). Accord Smith v. State;. Williams v. State, 238 So. 2d 137 (Fla. 1st DCA 1970); Garner v. State, 28 Fla. 113, 9 So. 835 (1891). Whether the evidence presented by the defense will be sufficient to satisfy this prerequisite will of course depend on the factual circumstances of each case. Two recent cases, ho…
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State v. Young, 283 So. 2d 58 (Fla. 1st DCA 1973)…or to deny such other convictions. Such line of inquiry is material to the extent that, in the judgment of the jury, it may have a bearing upon the credit that the jury would extend to the testimony of the witness. In the case Williams v. State, 238 So. 2d 137, 139 (1 Fla.App.1970), this Court held: “The law seems to be well-settled that a party testifying whether as a witness in his own behalf or otherwise, may be questioned about the number of his convictions of other crimes for the purpose of affecting…
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