JOHN H. BRANTLEY AND BARRY G. SHRUM, APPELLANTS,
v.
OMEGA CHARTER INTERNATIONAL, INC., A FLORIDA CORPORATION, APPELLEE
JOHN H. BRANTLEY AND BARRY G. SHRUM, APPELLANTS,
OMEGA CHARTER INTERNATIONAL, INC., A FLORIDA CORPORATION, APPELLEE
642 So. 2d 1108
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
The trial court having denied appellant’s motion for new trial, we affirm the trial court’s order as to the merits but reverse same and remand for jury trial solely upon the issue of damages. Division of Admin., Florida Dep’t of Transp. v. Davis, 511 So. 2d 686, 688 (Fla. 4th DCA 1987); Barge v. Simeton, 460 So. 2d 939, 940 (Fla. 4th DCA 1984); Jayre Inc. v. Wachovia Bank & Trust Co., 420 So. 2d 937, 938 (Fla. 3d DCA 1982).
GLICKSTEIN, GUNTHER and PARIENTE, JJ., concur.
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Hayes v. State, 686 So. 2d 694 (Fla. 4th DCA 1996)…ronouncements. The comment in this case is similar to one made by Judge Gold-stein in another case that “he had a policy requiring alleged violators of community control to be arrested and then sit in jail for a ‘first hearing.’ ” Mitchell v. State, 642 So. 2d 1108, 1110 (Fla. 4th DCA 1994). We stated: [W]e cannot refrain from noting that this particular judge apparently does not shrink from announcing fixed ideas on what he will do in a given case before he hears the evidence and argument of the parties in o…
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Dykes v. Dykes, 653 So. 2d 497 (Fla. 5th DCA 1995)…ge, concurring specially. I concur. While appellant’s motion to disqualify Judge Miller was unsigned and un-sworn, appellant was before the court and should have been sworn and permitted to sign his motion as he requested. See Mitchell v. State, 642 So. 2d 1108 (Fla. 4th DCA 1994).…
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Marshall v. Merrill A. Bookstein, 789 So. 2d 455 (Fla. 4th DCA 2001)…tioner, Marshall, asserting his fear that he would not receive a fair trial, based on sworn factual allegations of other witnesses to the judge’s comments and conduct at the hearing, provides sufficient support for the motion. See Mitchell v. State, 642 So. 2d 1108 (Fla. 4th DCA 1994)(holding that defendant’s failure to sign a motion to disqualify the trial judge in a probation revocation proceeding was not fatal to the motion where critical facts supporting disqualification were established by defense counsel…
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- Barge v. Simeton, 460 So. 2d 939 (Fla. 4th DCA 1984)
- Jayre Inc. & Hilliard Herzog v. Wachovia Bank & Tr. Co., N.A., 420 So. 2d 937 (Fla. 3d DCA 1982)
- Div. of Admin. State of Fla. Dep't of Transp. v. Davis, 511 So. 2d 686 (Fla. 4th DCA 1987)