NORMAN POLLARD AND KATHERINE A. POLLARD, APPELLANTS,

v.

PHILIP M. SCHWARTZ ET AL., APPELLEES

Citator

Cited By

• Carter v. State, 428 So. 2d 751 (Fla. 2d DCA 1983)
  …r determination by the trial court. The jury is to play no role in the resolution of those issues. Brown v. State, 352 So. 2d 60 (Fla. 4th DCA 1977); Sheff v. State, 301 So. 2d 13 (Fla. 1st DCA 1974), aff’d, 329 So. 2d 270 (Fla.1976); Kemp v. State, 271 So. 2d 777 (Fla. 3d DCA 1973); Chaney v. State, 237 So. 2d 281 (Fla. 4th DCA 1970), cert. denied, 403 U.S. 904, 91 S.Ct. 2205, 29 L.Ed.2d 680 (1971); see also Martin v. State, 100 Fla. 16, 129 So. 112 (1930). In the instant case, the proceeding before the tri…
• Thomas v. State, 272 So. 2d 217 (Fla. 3d DCA 1973)
  …tion, no hearing was requested on the motion until after the case had been called for trial. Under these circumstances, the appellant cannot complain that the cause was not continued in order to hear his motion. See Kemp v. State, Fla.App. 3rd 1973, 271 So. 2d 777; Dickenson v. State, Fla.App. 1972, 261 So. 2d 561. Appellant’s second point urging error upon the merits of the motion to suppress presents a factual question. Appellant’s argument is in effect that the evidence before the court was such that the…

Authorities Cited

• Cape Sable Corp. v. Elwood M. McCLURG, 74 So. 2d 883 (Fla. 1954)