GEMAIRE DISTRIBUTORS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
WESTLAND-EDEN, INC., A FLORIDA CORPORATION, AND FLAGSHIP FIRST NATIONAL BANK OF MIAMI BEACH, APPELLEES
GEMAIRE DISTRIBUTORS, INC., A FLORIDA CORPORATION, APPELLANT,
WESTLAND-EDEN, INC., A FLORIDA CORPORATION, AND FLAGSHIP FIRST NATIONAL BANK OF MIAMI BEACH, APPELLEES
353 So. 2d 594
Florida District Court of Appeal, Third District (1977)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Schleifer v. All-Shores Const. & Supply Co., Inc., 260 So. 2d 270 (Fla. 4th DCA 1972).
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Citator
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Petion v. State, 48 So. 3d 726 (Fla. 2010)…(citations omitted). In the months following this Court’s decision in Alford, the Fourth District also acknowledged that the reviewing standard should be different for a judgment arising from a jury trial versus a non-jury trial. See In re M.E.G., 353 So. 2d 594, 595 (Fla. 4th DCA 1977). In M.E.G., the Fourth District explained that [a] judge is in a position to weigh testimony, assess credibility and resolve conflicts, just like a jury, when he sits as a trier of the facts.... He also decides what testimo…
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Coleman v. State, 58 So. 3d 324 (Fla. 1st DCA 2011)…interviewee’s decision to stop talking to police once the interviewee realized she had come under suspicion. Appellant explains this line of questioning as an attempt to mitigate the damage done by the improper comments. See generally In re M.E.G., 353 So. 2d 594, 595 (Fla. 4th DCA 1977) (improper comment on silence during a jury trial “is reversible error incapable of being rendered harmless error by some later statements”). “The harmless error test ... places the burden on the state, as the beneficiary of…
Authorities Cited
- Schleifer v. All-Shores Const. & Supply Co., Inc., 260 So. 2d 270 (Fla. 4th DCA 1972)