MARY FATOLITIS, APPELLANT,
v.
JOHN G. FATOLITIS, APPELLEE
MARY FATOLITIS, APPELLANT,
JOHN G. FATOLITIS, APPELLEE
273 So. 2d 86
Florida District Court of Appeal, Second District (1973)
Negative Treatment
Cited by 2 cases
Opinion of the Court
The judgment of a lower court comes here with a presumption of correctness, and the burden is on the appellant to establish reversible error. Atlantic Coast Line R. Co. v. Baynard, Fla.1933, 112 Fla. 544, 151 So. 5; Mercier v. Mercier, Fla.App.1967, 200 So.2d 204; Fishman v. Fishman, Fla.App.1971, 245 So.2d 258. Upon careful consideration of the record on appeal and briefs of the parties, we find that the appellant has been unable to carry this burden.
Affirmed.
HOBSON, A. C. J., McNULTY, J., and PIERCE, J., (Ret.), concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thompson v. State, 328 So. 2d 1 (Fla. 1976)…could not be used against him at trial. Mere recitation of the Miranda warnings, in' the interim between statements, cannot suffice to erase the taint. Brown v. Illinois, supra. Contra, State v. Oyarzo, 274 So. 2d 519 (Fla.1973); Gustafson v. State, 273 So. 2d 86 (Fla.App. 4th Dist. 1973) cert. discharged 287 So. 2d 69 (Fla.1973). If the accused consults with counsel, however, and gives the later statement in counsel’s presence, as happened here, the later statement should ordinarily be admissible, unless, f…
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Gustafson v. State, 287 So. 2d 69 (Fla. 1973)…PER CURIAM. The petition for writ of certiorari directed to the 4th District’s opinion reported at 273 So. 2d 86 (1973), reflected apparent jurisdiction in this Court. We issued the writ and have heard argument of the parties. Upon further consideration of the matter we have determined that the cited decisions present no direct conflict as required by Article…
Authorities Cited
- Atl. Coast Line R.R. Co. v. Baynard, 112 Fla. 544 (Fla. 1933)
- Dores R. Fishman v. Fishman, 245 So. 2d 258 (Fla. 3d DCA 1971)
- Mercier v. Mercier, 200 So. 2d 204 (Fla. 2d DCA 1967)
- Bartz v. State, 200 So. 2d 204 (Fla. 2d DCA 1967)