MARTIN L. WALLACE, APPELLANT,
v.
SEARS, ROEBUCK AND CO., APPELLEE
MARTIN L. WALLACE, APPELLANT,
SEARS, ROEBUCK AND CO., APPELLEE
442 So. 2d 1029
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
WALDEN, J., and GOLDMAN, MURRAY, Associate Judge, concur. GLICKSTEIN, J., concurs with opinion.
Concurrence
GLICKSTEIN, Judge,
concurring specially:
I concur in the result, affirming the trial court’s granting of a directed verdict, although it was done for the wrong reason. Had appellant established liability, he would have been entitled to nominal damages. See Muroff v. Dill, 386 So. 2d 1281 (Fla. 4th DCA 1980), petition for review denied, 392 So. 2d 1377 (Fla.1981). However, he failed to make a prima facie case of liability. The trial judge directed the verdict, finding a prima facie case of liability but also finding a failure to properly establish damages.
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Fayson v. State, 442 So. 2d 1030 (Fla. 5th DCA 1983)…PER CURIAM. Affirmed on the authority of Dewitt v. State, 442 So. 2d 1029 (Fla. 5th DCA 1983). DAUKSCH, COBB and SHARP, JJ., concur.…
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Taylor v. State, 503 So. 2d 991 (Fla. 5th DCA 1987)…will follow selection and swearing of the jury. For the foregoing reasons, we disapprove and discourage the procedure of requiring opening statements prior to swearing of the trial jury because of the great potential for error. Cf. DeWitt v. State, 442 So. 2d 1029 (Fla. 5th DCA 1983). In some future case, reversal may well result. AFFIRMED. UPCHURCH, C.J., and DAUKSCH, J., concur.…
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McCARTHY v. State, 446 So. 2d 252 (Fla. 5th DCA 1984)…ern about the problems attendant upon this practice, we have declined to reverse where no prejudice has been shown to result. Powell v. State, 443 So. 2d 433 (Fla. 5th DCA 1984); Fayson v. State, 442 So. 2d 1030 (Fla. 5th DCA 1983); DeWitt v. State, 442 So. 2d 1029 (Fla. 5th DCA 1983). In a more recent case, Woodring v. State, 448 So. 2d 529 (Fla. 5th DCA 1984), we reversed when the trial judge, upon the jury’s request for reinstruction, declined to verbally reinstruct and, instead, attempted to rely upon th…
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- Muroff v. Dill, 386 So. 2d 1281 (Fla. 4th DCA 1980)