JOHN L. STARKEY, SR., AS ADMINISTRATOR OF THE ESTATE OF JOHN L. STARKEY, JR., DECEASED, APPELLANT,
v.
BILLIE F. CHEW, AS EXECUTRIX OF THE ESTATE OF ROBERT G. CHEW, DECEASED, APPELLEE
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The court affirmed the trial court's judgment, finding no demonstrated error in the jury issues presented, jury instructions, or post-trial motions.
Plaintiff (appellant) sued defendant and appealed a jury verdict for the defendant after the trial court denied plaintiff's motion for a directed verd…
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The appellant, who was plaintiff in the trial court, appeals a final judgment entered pursuant to a jury verdict for the defendant. The first assignment of error is that the court erred in admitting into evidence defendant’s exhibit. The brief does not argue this assignment of error; it is therefore abandoned.
The second assignment of error is that the court erred in denying plaintiff’s motion for a directed verdict made at the close of all of the evidence. A review of the record convinces us that jury issues were presented in this cause.
By leave of court the appellant amended his assignments of error and added assignments three, four and five. Assignment three urges that the court erred in its charges to the jury. The record affirmatively shows that the appellant did not object to the instruction given; therefore the assignment directed to the instruction may not now be considered. Rule 1.470(b) RCP, 30 F.S.A. Appellant’s assignment four is insufficient. Municipal Court In and For Coral Gables v. Giblin, Fla.App.1961, 126 So.2d 285; Gregg v. State Road Department, Fla.App.1962, 140 So.2d 328. Appellant’s fifth assignment of error claims the court erred in the denial of post-trial motions. We have examined the record in the light of this assignment and the points raised on appeal and find that no error has been demonstrated.
Affirmed.
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The Est. OF Lucille Williams v. Tandem Health Care OF Fla., Inc., 899 So. 2d 369 (Fla. 1st DCA 2005)…the party objects to same at the charge conference. This requirement has been iterated in numerous decisions. See, e.g., Adams v. Royal Exchange Assur., 62 So. 2d 591 (Fla.1952); Murray v. Moore, 541 So. 2d 694 (Fla. 1st DCA 1989); Starkey v. Chew, 241 So. 2d 870 (Fla. 3d DCA 1970). We similarly refuse to address an issue that was not timely preserved.5 II. The Propriety of the Court’s Refusal to Allow the Estate to Add a Claim for Punitive Damages Finally, appellant urges that the lower court erred in den…
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The City OF Miami Beach v. Buckley, 363 So. 2d 360 (Fla. 3d DCA 1978)…to the jury. The record affirmatively shows that the city did not object to the jury instructions in the trial court, and, accordingly, we cannot consider the city’s assignments of errors related to the giving of such instructions. Starkey v. Chew, 241 So. 2d 870 (Fla.3rd DCA 1970); City of Miami Beach v. Belle Isle Apartment Corp., 177 So. 2d 884 (Fla.3d DCA 1965). The city also urges as error certain trial court rulings concerning the introduction of evidence upon the issue of the probability of rezoning t…
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Tabraue v. Doctors Hosp., Inc., 272 So. 3d 468 (Fla. 3d DCA 2019)…on the Hospital for its independent contractors. We also dispose of the allegation that Florida common law imposes a nondelegable duty on the Hospital. The Estate does not appear to have carried this argument forward on appeal. See Starkey v. Chew, 241 So. 2d 870, 871 (Fla. 3d DCA 1970) ("The brief does not argue this assignment of error; it is therefore abandoned."). In any event, we reiterate without further elaboration that, contrary to the allegation in the second amended complaint, Florida common law do…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mun. Court IN & FOR the City OF Coral Gables v. Giblin, 126 So. 2d 285 (Fla. 3d DCA 1961)
- Gregg v. State Rd. Dep't of Fla., 140 So. 2d 328 (Fla. 1st DCA 1962)