MERVIN ARMBRISTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1975-10-21
No. 75-212
Before PEARSON, HENDRY and HAVERFIELD, JJ.
320 So. 2d 466 Florida District Court of Appeal, Third District (1975) Caution
Cited by 5 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Mervin Armbrister, seeks reversal of a judgment of conviction based upon a jury verdict finding him guilty of murder in the second degree. He was sentenced to life imprisonment.

Appellant’s sole point on appeal is whether the trial court committed reversible error in permitting, over appellant’s objection, the testimony of a custodian of records of the Dade County Public Safety Department, who had not been listed by name but only by job title in response to a request for discovery pursuant to Rule 3.-220 F.R.C.P. We have carefully considered appellant’s point on appeal in the light of the record and the controlling principles of law and have concluded that no reversible error has been demonstrated. Richardson v. State, Fla.1971, 246 So. 2d 771; Savinon v. State, Fla.App.1973, 277 So. 2d 58.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Holman v. State, 347 So. 2d 832 (Fla. 3d DCA 1977)
    …sel is shown to have had prior knowledge of the possibility of a witness testifying, even though the witness is not listed by name, it is not error to permit the witness to testify. Cooper v. State, supra; Pizzo v. State, supra; Armbrister v. State, 320 So. 2d 466 (Fla. 3rd D.C.A. 1975); Savinon v. State, 277 So. 2d 58 (Fla. 3rd D.C.A. 1973). Finally, defendant asserts that the trial court committed additional error in refusing to allow a continuance so that defense counsel might revise his closing argument.…
  • Schwartz v. Schwartz, 431 So. 2d 716 (Fla. 3d DCA 1983)
    …trial judge recuses himself, further orders thereafter are void, Rogers v. State, 341 So. 2d 196 (Fla. 4th DCA 1976), cert. denied, 348 So. 2d 953 (Fla.1977); Gilmer v. Shell Oil Co., 324 So. 2d 171 (Fla. 2d DCA 1975); Weiss v. Miami National Bank, 320 So. 2d 466 (Fla. 4th DCA 1975), it is also the rule that a trial judge who recuses himself has the authority to enter final judgments on issues already tried, Coastal Petroleum Co. v. Mobil Oil Corp., 378 So. 2d 336 (Fla. 1st DCA), cert. denied, 386 So. 2d 635…
  • Davis v. State, 849 So. 2d 1137 (Fla. 1st DCA 2003)
    …enters in that case are void and have no effect. See Haverty v. State, 830 So. 2d 264 (Fla. 5th DCA 2002); Thomas v. State, 756 So. 2d 217 (Fla. 4th DCA 2000); Meaweather v. State, 732 So. 2d 499, 500 (Fla. 1st DCA 1999); Weiss v. Miami Nat’l Bank, 320 So. 2d 466 (Fla. 4th DCA 1975). In the instant case, Judge Buttner recused himself on February 5, 2002. He lacked authority to make any further rulings on the case after that date. The order denying Davis’ motion for rehearing some six months later is therefor…

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