LARRY ATKINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellant was found guilty of robbery by a jury, adjudicated guilty, and sentenced. On this appeal he urges two points. The first is that he should be discharged because his trial was not held within the time prescribed by Rule 3.191, R.Cr.P., 33 F.S.A. We hold that this point does not present grounds for appellant’s discharge because he twice received continuance of trial; the first continuance was achieved by stipulation to substitute counsel, while the second continuance was received by withdrawing waiver of jury trial on the date set for non-jury trial. See Rule 3.191(f), R.Cr.P., F.S.A., and State ex rel. Butler v. Cullen, Fla.1971, 253 So.2d 861.
Appellant’s second point urges error upon the denial of his motion for a mistrial. It does not present reversible error for the reasons stated in Cornelius v. State, Fla.1950, 49 So.2d 332, and Richardson v. State, Fla.App.1971, 248 So.2d 530. See also Cox v. State, Fla.App.1969, 219 So.2d 762.
Affirmed.
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Orange Cnty. v. Piper, 523 So. 2d 196 (Fla. 5th DCA 1988)…the spouse who has lost the consortium. Busby v. Winn & Lovett Miami, Inc., 80 So. 2d 675 (Fla.1955); see also Ryter v. Brennan, 291 So. 2d 55 (Fla. 1st DCA), cert. denied, 297 So. 2d 836 (Fla.1974); Resmondo v. International Builders of Fla., Inc., 265 So. 2d 72 (Fla. 1st DCA 1972) (both cases holding that husband’s release did not abate wife’s cause of action for loss of consortium, which was a property right in her own name); but see Gates v. Foley, 247 So. 2d 40 (Fla.1971) (termination of husband’s cause…
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Metro. Dade Cnty. v. Reyes, 688 So. 2d 311 (Fla. 1996)…the spouse who has lost the consortium. Busby v. Winn & Lovett Miami, Inc., 80 So. 2d 675 (Fla.1955); see also Ryter v. Brennan, 291 So. 2d 55 (Fla. 1st DCA), cert, denied, 297 So. 2d 836 (Fla.1974); Resmondo v. International Builders of Fla., Inc., 265 So. 2d 72 (Fla. 1st DCA 1972) (both cases holding that husband’s release did not abate wife’s cause of action for loss of consortium, which was a property right in her own name); but see Gates v. Foley, 247 So. 2d 40 (Fla.1971) (termination of husband’s cause…
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Taylor v. Orlando Clinic, 555 So. 2d 876 (Fla. 5th DCA 1989)…ounty v. Piper, 523 So. 2d 196 (Fla. 5th DCA 1988), rev. denied, 531 So. 2d 1354 (Fla.1988). See also, Ryter v. Brennan, 291 So. 2d 55 (Fla. 1st DCA 1974), cert. denied, 297 So. 2d 836 (Fla.1974); Resmondo v. International Builders of Florida, Inc., 265 So. 2d 72 (Fla. 1st DCA 1972). It was error to dismiss the wife’s cause of action for loss of consortium. The wrongful death action filed by the personal representative is an independent cause of action based on sections 768.-16-768.27, Florida Statutes. Nis…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Isaac Don Butler & Gerald Nickles v. Honorable Ralph O. Cullen, 253 So. 2d 861 (Fla. 1971)
- Cornelius v. State, 49 So. 2d 332 (Fla. 1950)
- COX v. State, 219 So. 2d 762 (Fla. 3d DCA 1969)
- Richardson v. State, 248 So. 2d 530 (Fla. 3d DCA 1971)