D. D. COLBURN AND WIFE, LUCILLE A. COLBURN, APPELLANTS,
v.
CITY OF LAKELAND, FLORIDA, A MUNICIPAL CORPORATION, APPELLEE
PER CURIAM.
This cause came on to be heard on the motion of appellee to affirm the judgment appealed from pursuant to 31 F.S.A. Rule 38 of the rules of this court and it appearing to the court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no fur. ther argument;
It is accordingly ordered, adjudged and decreed that the motion to affirm the judgment appealed from bé, and the same is, hereby granted, and the judgment is
Affirmed.
DREW, C. J., TERRELL and THORN-AL, JJ., and CARROLL, Associate Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Clark v. State, 379 So. 2d 97 (Fla. 1979)…t the former trial, unless the evidence goes to the merits of the cause and not merely to impeach a witness who testified, unless the evidence is not cumulative, and unless it is such that it probably would have changed the verdict. Harvey v. State, 87 So. 2d 582 (Fla.1956); McVeigh v. State, 73 So. 2d 694 (Fla.1954); Branch v. State, 96 Fla. 307, 118 So. 13 (1928); Hudson v. State, 353 So. 2d 633 (Fla. 3d DCA 1977). The evidence upon which Clark relied to support his motion for a new trial, in reality, was…
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Baker v. State, 336 So. 2d 364 (Fla. 1976)…vidence was attributable to a lack of diligence. In this respect, the present case resembles Keaton v. State, 273 [*370] So. 2d 385 (Fla.1973) and Douth v. State, 85 So. 2d 550 (Fla.1956), and should be distinguished from cases like Harvey v. State, 87 So. 2d 582 (Fla.1956), and Luster v. State, 262 So. 2d 910 (Fla.App.3d 1972). In Florida, as elsewhere, “the rule is that the ‘confession’ of a third person is grounds for a motion for new trial, but does not compel the trial judge to grant a new trial.” Fast…
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Douglas v. State, 328 So. 2d 18 (Fla. 1976)…Court are hereby affirmed. It is so ordered. ADKINS, C. J., ROBERTS and OVER-TON, JJ., and HENSLEY and MELVIN, Circuit Court Judges, concur. ENGLAND, J., dissents with an opinion. . 64 Fla. 437, 60 So. 118 (1912). . 301 So. 2d 7 (Fla.1974). . 87 So. 2d 582 (Fla.1956). . 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972). . 283 So. 2d 1 (Fla.1973). . Supra.…
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