ZEBEDEE MCNICHOLS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1973-06-19
No. 72-892
Before BARKDULL, C. J., and PEARSON and CHARLES CARROLL, JJ.
279 So. 2d 377 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant has alleged prejudicial error in his trial because of the trial judge’s refusal to allow a question to prospective jurors on voir dire examination. He relies upon the holding of the Supreme Court of Florida in Pinder v. State, 27 Fla. 370, 8 So. 837 (1891), and the rulings of the Supreme Court of the United States in Aldridge v. United States, 283 U.S. 308, 51 S.Ct. 470, 75 L.Ed. 1054 (1931), and Ham v. South Carolina, 409 U.S. 524, 93 S.Ct. 848, 35 L.Ed.2d 46 (1973).

The State has confessed error and waived oral argument. We have examined the record before us and find that the cited authorities are applicable. We therefore reverse the judgment and sentence and remand the cause for a new trial.

Reversed and remanded.

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  • Grissom v. Commercial Union Ins. Co., 610 So. 2d 1299 (Fla. 1st DCA 1992)
    …against the insurer to make recovery of expenses incurred in defending each suit constitutes an impermissible splitting of the insured’s cause of action that bars a second action against the insurer. Beck v. Pennsylvania National Mut. Cos. Ins. Co., 279 So. 2d 377, 379 (Fla. 3d DCA1973) (approving insurance company’s argument that “it was incumbent on Beck [the insured] to have awaited the conclusion of the two cases, which would have established the expenses in both cases, and to have filed one action for su…
  • Schimmel v. The AETNA Cas. & Sur. Co., 506 So. 2d 1162 (Fla. 3d DCA 1987)
    …es that all damages sustained or accruing to one as a result of a single wrongful act must be claimed and recovered in one action or not at all. Gaynon v. Statum, 151 Pla. 793, 10 So. 2d 432 (1942). Beck v. Pennsylvania Nat’l Mut. Casualty Ins. Co., 279 So. 2d 377 (Fla. 3d DCA 1973). The rule is founded on the sound policy reason that the finality it establishes promotes greater stability in the law, avoids vexatious and multiple lawsuits arising out of a single incident, and is consistent with the absolute n…
  • Greenstein v. Greenbrook, Ltd., 443 So. 2d 296 (Fla. 3d DCA 1983)
    …ng out of the alleged breach. Their failure to do so precludes subjecting those defendants to another successive action based on the same conduct. Gaynon v. Statum, 151 Fla. 793, 10 So. 2d 432 (1942); Beck v. Pennsylvania National Mut. Casualty Co., 279 So. 2d 377 (Fla. 3d DCA 1973); 1 Fla.Jur.2d Actions §§ 56, 59 (1977). This ground, however, obviously has no application to the three defendants, Weinstein, Grabow, and Housing Capital Corporation, who were not joined in the first case. Since we find that th…

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