METROPOLITAN DADE COUNTY, APPELLANT,
v.
ANA MARINO, APPELLEE
METROPOLITAN DADE COUNTY, APPELLANT,
ANA MARINO, APPELLEE
526 So. 2d 1050
Florida District Court of Appeal, Third District (1988)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Concluding that the trial court’s instruction to disregard the arguably inadmissible testimony sufficiently cured any prejudice that may have resulted from its admission, and that, therefore, a mistrial was not warranted, we affirm the judgment under review. State Farm Mutual Automobile Insurance Co. v. Guthrie, 321 So. 2d 116 (Fla.3d DCA 1975); Compania Dominicana de Aviacion v. Knapp, 251 So. 2d 18 (Fla.3d DCA 1971).
Affirmed.
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Sanchez v. Bengochea, 573 So. 2d 992 (Fla. 3d DCA 1991)…ting Eastern Steamship Lines, Inc. v. Martial, 380 So. 2d 1070, 1072 (Fla. 3d DCA), cert. denied, 388 So. 2d 1115 (Fla.1980)); the curative instruction extinguished any harm and obviated the need for a new trial.4 Metropolitan Dade County v. Marino, 526 So. 2d 1050 (Fla. 3d DCA 1988); State Farm Mut. Auto. Ins. Co. v. Guthrie, 321 So. 2d 116 (Fla. 3d DCA 1975); see Brumage v. Plummer, 502 So. 2d 966 (Fla. 3d DCA), review denied, 513 So. 2d 1062 (Fla.1987). For these reasons, we reverse the order granting a ne…
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Magrann v. Freeman Epes and Jane Epes, 646 So. 2d 760 (Fla. 2d DCA 1994)…irect promise supported by valuable consideration, made directly to Ma-grann, the debtor. As such, the November [*762] agreement was not within the purview of the statute of frauds. See Herrin v. Abbe, 55 Fla. 769, 46 So. 183 (1908); Allen v. Rosen, 526 So. 2d 1050 (Fla. 3d DCA 1988). We therefore reverse and remand for a new trial upon all of the issues raised by the pleadings. Reversed and remanded. RYDER, A.C.J., and QUINCE, J., concur. . This issue should have been raised in the form of a reply pursuan…
Authorities Cited
- Compania Dominicana de Aviacion & Underwriters at Lloyds v. Knapp, 251 So. 2d 18 (Fla. 3d DCA 1971)
- State Farm Mut. Auto. Ins. Co. v. Guthrie, 321 So. 2d 116 (Fla. 3d DCA 1975)