MARGARET L. OREFICE, AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL BETZ, A MINOR, DECEASED, APPELLANT,
v.
JOHN W. ALBERT, APPELLEE; BONNIE BETZ, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF MICHAEL BETZ, A MINOR, DECEASED, APPELLANT, V. JOHN W. ALBERT, APPELLEE

Fla. 3d DCA | 1970-09-09
Nos. 68-995, 69-93
Before PEARSON, C. J., and HENDRY and SWANN, JJ.
239 So. 2d 46 Florida District Court of Appeal, Third District (1970) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

ORDER ON MANDATE

PER CURIAM.

The mandate of this court issued in this cause on September 9, 1969 is withdrawn.

In accordance with the opinion and judgment of the Supreme Court of Florida in the above styled cause filed July 1, 1970 (237 So.2d 142), the prior opinion and judgment of this court (226 So.2d 15) is hereby modified as directed by the said opinion and judgment of the Supreme Court of Florida and, except as modified, is adhered to. The cause is remanded to the Circuit Court of Dade County for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida and this court. Costs allowed shall be taxed in the circuit court (Rule 3.16(b), Florida Appellate Rules, 32 F.S.A.).

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  • Compania Dominicana de Aviacion & Underwriters at Lloyds v. Knapp, 251 So. 2d 18 (Fla. 3d DCA 1971)
    …the motions for severance or the motions for new trial. See Beta Eta, supra; Hartford Accident & Indemnity Company v. Myers, Fla.App.1971, 247 So. 2d 83, 2 D.C.A.; Stecher v. Pomeroy, Fla.App.1971, 244 So. 2d 488; Durrett v. Davidson, Fla. App.1970, 239 So. 2d 46; and Rule 1.270(h), R.C.P., 30 F.S.A. Defendants next contend that the trial court erred in refusing to grant a mistrial or motion for a new trial because of alleged prejudicial testimony. The testimony elicited from the disinterested witness durin…
  • Utica Mut. Ins. Co. v. Clonts, 248 So. 2d 511 (Fla. 2d DCA 1971)
    …PIERCE, C. J., concurs. . 223 So. 2d 713 (Fla.1969). . 237 So. 2d 163 (Fla.1970). . Id. at 166. . Note 1, mpra, at p. 718. . See, also, Montano v. Wigfield, (Fla.App.1970) 239 So. 2d 609. . Note 2, supra, at p. 165. . Id. . (Fla.App.1970), 239 So. 2d 46, 48. . Of. Stecher, et al v. Pomeroy (Fla.App.1971), 244 So. 2d 488. . See Authors’ Comment to Rule 1.270, R.O.P., 30 F.S.A. 371. . See, also, Durrett v. Davidson, note 8, supra, at p. 48. . See, also, Judge Wigginton’s comments in Beta Eta (Fla…
  • Hartford Accident & Indem. Co. v. Myers, 247 So. 2d 83 (Fla. 2d DCA 1971)
    …. Under the severance rule 1.270(b), 30 F.S.A., the trial judge could under all the facts and circumstances of the particular case determine whether there should be a severance and his ruling subject to review. See Durrett v. Davidson, Fla.App.1970, 239 So. 2d 46; Stecher v. Pomeroy, Fla.App.1971, 244 So. 2d 488. In this case, we do not believe that the trial judge committed reversible error in denying severance. For these reasons we would affirm. [*85] LILES, J., concurs. PIERCE, C. J., dissents with opin…

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