ASSOCIATED MORTGAGE INVESTORS ET AL., APPELLANTS,
v.
BOYNTON BEACH MALL, INC., APPELLEE

Fla. 3d DCA | 1975-10-28
No. 75-793
Before BARKDULL, C. J., and HEN-DRY and NATHAN, JJ.
321 So. 2d 82 Florida District Court of Appeal, Third District (1975) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of Morgan v. Eaton, 1910, 59 Fla. 562, 52 So. 305, 306; McMullen v. McMullen, Fla.App.1960, 122 So. 2d 626; Baum v. Corn, Fla.App.1964, 167 So. 2d 740, 743; Singer v. Tobin, Fla.App.1967, 201 So. 2d 799, 801.


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  • …appellant’s pleadings and to proceed to a jury trial without giving it notice. See, e. g., W. G. C., Inc. v. The Man Co., 360 So. 2d 1152 (Fla. 3d DCA 1978); Travelers Insurance Co. v. Rodriguez, 357 So. 2d 464 (Fla. 2d DCA 1978); Graber v. Gassman, 321 So. 2d 82 (Fla. 3d DCA 1975); Byron Holding Corp. v. Cohen, 284 So. 2d 412 (Fla. 3d DCA 1968); and Ortiz v. Nicolaides, 196 So. 2d 186 (Fla. 3d DCA 1967). Accordingly, the final judgment appealed is reversed and the cause is remanded to the trial court with d…
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    …tioner’s home state, there is substantial evidence from which a trial court can determine whether petitioner is incapacitated from testifying. There is no rule or statute which requires the defendant to testify at the trial. See Graber v. Gassman, 321 So. 2d 82, 83 (Fla. 3d DCA 1975). Obviously, petitioner does not intend to testify at trial, and there is nothing in this record to show that respondent has subpoenaed ■ him and intends to call him as a witness. Although petitioner does not object to the exam…

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