WILLIAM C. HARTLEY, PETITIONER,
v.
FLORIDA EAST COAST RAILWAY COMPANY, RESPONDENT
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The initial assertion of comparative negligence in an appellate brief is insufficient to allow a new trial on that doctrine.
The Fourth District Court of Appeal held that raising comparative negligence for the first time in a plaintiff's appellate brief was not sufficient to…
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OVERTON, Chief Justice.
This is a petition for writ of certiorari to review a decision of the Fourth District Court of Appeal reported at 299 So. 2d 108. The decision conflicts with Fitzsimmons v. City of Pensacola, 297 So. 2d 107 (Fla.App. 1st 1974). We have jurisdiction.1
In the instant case, the Fourth District held the initial assertion of the doctrine of comparative negligence in plaintiff’s appellate brief was not sufficient to allow a new trial upon the new doctrine. The District Court concluded that this action did not constitute raising the issue during some stage of the litigation, nor properly making it a question for appellate review, citing Hoffman v. Jones, 280 So. 2d 431 (Fla.1973). We agree.
Our recent decision in CNA Insurance v. Minton, 334 So. 2d 257 (Fla.1976), is controlling. We disapprove the holding on this point in Fitzsimmons v. City of Pensacola, supra.
The opinion of the District Court is approved and the writ is discharged.
It is so ordered.
ADKINS, BOYD, ENGLAND and SUNDBERG, JJ., concur. . Fla.Const., Art. V, § 3(b)(3).
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Conchita Palmar v. Emilio Palmar, 402 So. 2d 20 (Fla. 3d DCA 1981)…ng travel and expenses. Where neither party objected to the use of proffers by counsel as a means of determining child support, we may not consider the issue raised for the first time on appeal. See, e. g., Hartley v. Florida East Coast Railway Co., 339 So. 2d 630 (Fla.1976); Johnson v. RCA Corp., 395 So. 2d 1262 (Fla.3d DCA 1981); Allender v. First Federal Savings & Loan Association of Titusville, 389 So. 2d 1226 (Fla.5th DCA 1980); Jaruagua Enterprises, Inc. v. Dom, Inc., 339 So. 2d 702 (Fla.3d DCA 1976). N…
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August Urbanek v. Urbanek, 484 So. 2d 595 (Fla. 4th DCA 1986)…); Belcher v. Belcher, 307 So. 2d 918 (Fla. 3d DCA), cert. denied, 317 So. 2d 762 (Fla.1975). We find, however, that this issue was not properly preserved for appellate review since it was not raised below. See Hartley v. Florida East Coast Railway, 339 So. 2d 630 (Fla.1976). The husband never contested in the trial court his liability for post-judgment fees. We therefore conclude that reversible error has not been demonstrated. The husband also contests costs awarded in connection with the testimony of the…
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Allender v. First Fed. Sav. & Loan Ass'n OF Titusville, 389 So. 2d 1226 (Fla. 5th DCA 1980)…THE PROPERTY SETTLEMENT AGREEMENT BETWEEN THE PARTIES.” . Except for fundamental error, issues must be tried before the trial court and matters raised for the first time on appeal will not be considered. E. g., Hartley v. Florida E. Coast Ry. Co., 339 So. 2d 630 (Fla. 1976); Jaruagua Enterprises, Inc. v. Dom, Inc., 339 So. 2d 702 (Fla.3d DCA 1976); J. E. Morton v. Rifai, 339 So. 2d 707 (Fla. 1st DCA 1976). . See generally Robinson v. Springfield Co., 21 Fla. 203 (1885); 13 Fla.Jur.2d Creditor’s Rights §§ 2…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973)
- Fitzsimmons v. City OF Pensacola, 297 So. 2d 107 (Fla. 1st DCA 1974)
- CNA Ins. v. Minton, 334 So. 2d 257 (Fla. 1976)
- Hartley v. Fla. E. Coast Ry. Co., 299 So. 2d 108 (Fla. 4th DCA 1974)