A. J. HOUSE & SONS, INC., ET AL., APPELLANTS,
v.
LOUIS SMITH, AS ADMINISTRATOR OF THE ESTATE OF NORMAN LOUIS SMITH, DECEASED, APPELLEE

Fla. 3d DCA | 1975-07-08
No. 75-391
Before BARKDULL, C. J., and PEARSON and HENDRY, JJ.
317 So. 2d 450 Florida District Court of Appeal, Third District (1975) Negative Treatment
Cited by 13 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The parties to this cause having stipulated that the judgment rendered in favor of Louis Smith, as Administrator of the Estate of Norman Louis Smith, deceased, dated December 24, 1974, should be reversed upon the authority of Martin v. United Security Services, Inc., Ala.1975, (opinion filed April 23, 1975), it is thereupon

Ordered and adjudged that this final judgment, dated December 24, 1974, be and the same is hereby reversed and this cause is remanded to the trial court for further proceedings not inconsistent herewith.


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Cited By (12 total)

  • Wakulla Cnty. v. Davis, 395 So. 2d 540 (Fla. 1981)
    …oses the defendant to a much greater criminal liability. In short, any other construction of the statute, other than the one we reach herein, would yield an illogical and unreasonable result which we are constrained by law to avoid. Thomas v. State, 317 So. 2d 450 (Fla.3d DCA 1975). We approve this reasoning. Having resolved the matter on that basis, we need not, and do not, rule on the constitutionality of the statute. Williston Highlands Development Corp. v. Hogue, 277 So. 2d 260 (Fla.1973). Likewise, the…
  • Marshall v. State, 352 So. 2d 1269 (Fla. 2d DCA 1977)
    …PER CURIAM. We affirm the order of the trial court revoking appellant’s probation. See Thomas v. State, 317 So. 2d 450 (Fla.3d DCA 1975). However, we agree with appellant that there are imperfections in his sentence. The present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975), requires. Brooks v. State, 3…
  • Carver v. Orange Cnty., 444 So. 2d 452 (Fla. 5th DCA 1983)
    …as qualified to give his opinion on what the department’s records [*455] stated, but no more. Cole’s opinion a two-phase clip-in was in operation invaded the province of the jury, which should be left to draw its own inferences. See Thomas v. State, 317 So. 2d 450 (Fla. 3d DCA 1975); Scott v. Barfield, 202 So. 2d 591 (Fla. 4th DCA 1967); Mills. Because of the cumulative effect of these errors we reverse the judgment and remand for a new trial. REVERSED AND REMANDED. COBB and FRANK D. UPCHURCH, Jr., JJ., co…

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