JOSE ANTONIO DIAZ, APPELLANT,
v.
LEON WARREN AND HARTFORD ACCIDENT & INDEMNITY CO., A FOREIGN CORPORATION, APPELLEES

Fla. 3d DCA | 1974-11-26
No. 74-859
Before BARKDULL, C. J., and HAV-ERFIELD and NATHAN, JJ.
303 So. 2d 369 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 28 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See: Rodriguez v. Houston Corporation, Fla.App. 1964, 167 So. 2d 746; Winter v. Unaitis, 124 Vt. 249, 204 A. 2d 115.


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Cited By (28 total)

  • White v. State, 377 So. 2d 1149 (Fla. 1979)
    …omment on the uncontradicted or uncontroverted nature of the evidence during argument to the jury. See State v. Jones, supra, at 516-517; Clinton v. State, 56 Fla. 57, 47 So. 389 (1908); Gray v. State, 42 Fla. 174, 28 So. 53 (1900); Mabery v. State, 303 So. 2d 369 (Fla.3d DCA 1974); Woodside v. State, 206 So. 2d 426 (Fla.3d DCA 1968). That portion of the decision of the district court of appeal affirming the conviction is approved, but the portion affirming the sentence is quashed and the cause is remanded t…
  • Enoch Lewis, Jr. v. State, 377 So. 2d 640 (Fla. 1979)
    …ted a proper comment upon the credibility of appellant’s defense, which was within the bounds of the evidence presented in the case. See Spencer v. State, 133 So. 2d 729 (Fla.1961); Reaves v. State, 324 So. 2d 687 (Fla.3d DCA 1976); Mabery v. State, 303 So. 2d 369 (Fla.3d DCA 1974). We fail to find any prejudice to appellant from the prosecutor’s remarks. This is unlike the cases where prejudicial error was found in the prosecutor’s request that the jury consider whether they, or others, would be the defendan…
  • White v. State, 348 So. 2d 368 (Fla. 3d DCA 1977)
    …me, that the statement by the state’s attorney was a fair comment upon the evidence. We, therefore, find no error upon authority of State v. Jones, 204 So. 2d 515 (Fla.1967); Woodside v. State, 206 So. 2d 426 (Fla. 3d DCA 1968); and Mabery v. State, 303 So. 2d 369 (Fla. 3d DCA 1974). The third point presented urges that the sentence for display of a firearm during the commission of a felony is illegal because defendant was also convicted of the felony, i. e., robbery. See Cone v. State, 285 So. 2d 12 (Fla.19…

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