CLARK JOHNSTON, APPELLANT,
v.
CHARLES DEAN, APPELLEE
PER CURIAM.
We have read the briefs and reviewed the record in this cause and find that the appellant has failed to demonstrate reversible error. Appellee agrees that paragraph 2 of the final judgment providing for an accounting should be vacated since the other portion of the judgment awarding appellee $6,000.-00 is all that appellee is entitled to under the contract between the parties.
Accordingly, the judgment appealed from is affirmed in all respects except as to paragraph 2. The cause is remanded with instructions to vacate paragraph 2 of said final judgment by eliminating therefrom all provisions relative to an accounting. As so modified, the final judgment is affirmed.
WALDEN and DOWNEY, JJ., and SILVERTOOTH, LYNN N., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Fillinger v. State, 349 So. 2d 714 (Fla. 2d DCA 1977)…ssion is sought should be free from the influence of either hope or fear, and a confession must be excluded if the totality of the surrounding circumstances were calculated to delude the accused or to exert undue influence over him. M.D.B. v. State, 311 So. 2d 399 (Fla. 4th DCA 1975); Jarriel v. State, 317 So. 2d 141 (Fla. 4th DCA 1975). If the interrogator induces the accused to confess by using language which amounts to a threat or promise of benefit, then the confession may be untrustworthy and should be e…
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Bova v. State, 392 So. 2d 950 (Fla. 4th DCA 1980)…ion is sought should be free from the influence of either hope or fear, and a confession must be excluded if the totality of the surrounding circumstances were calculated to delude the accused or to exert undue influence over him. M. D. B. v. State, 311 So. 2d 399 (Fla. 4th DCA 1975); Jarriel v. State, 317 So. 2d 141 (Fla. 4th DCA 1975). If the interrogator induces the accused to confess by using language which amounts to a threat or promise of benefit, then the confession may be untrustworthy and should be e…
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Hawthorne v. State, 377 So. 2d 780 (Fla. 1st DCA 1979)…fore excludes the declaration if any degree of influence has been exerted.’ ” The foregoing is a statement of the law in this State: Frazier v. State, 107 So. 2d 16 (Fla.1958); Harrison v. State, 152 Fla. 86, 12 So. 2d 307 (Fla.1943); MDB v. State, 311 So. 2d 399, 400 (Fla. 4th DCA 1975). In Fillinger v. State, 349 So. 2d 714 (Fla. 2nd DCA 1977), the officer who questioned the defendant and elicited her confession testified that he told the defendant he would advise the state attorney of her cooperation and…
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