DARRYLE T. COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DARRYLE T. COOK, APPELLANT,
STATE OF FLORIDA, APPELLEE
714 So. 2d 674
Florida District Court of Appeal, Fifth District (1998)
Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We previously dismissed this appeal by order relying on Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998). The appellant asks that we withdraw that order and issue an opinion so that his appeal may be considered by the Supreme Court of Florida in conjunction with, or in light of Maddox, currently before that court for review.
We grant his request, withdraw the previous order and formally dismiss his appeal on the authority of this court’s opinion in Maddox.
APPEAL DISMISSED.
GRIFFIN, C.J., and DAUKSCH and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tenny v. Allen, 858 So. 2d 1192 (Fla. 5th DCA 2003)…that a defendant in a personal injury action is not required to present expert testimony to contradict the plaintiffs expert testimony concerning permanent injuries. McCown v. Estate of Seidell, 831 So. 2d 218 (Fla. 5th DCA 2002); Rogers v. Morini, 714 So. 2d 674 (Fla. 5th DCA 1998). Regardless of the absence of testimony by an opposing expert witness, the issue of whether a plaintiff has sustained a permanent injury is generally one for the jury. Wright v. Ring Power Corp., 834 So. 2d 329 (Fla. 5th DCA), re…
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McCOWN v. Est. OF Edna E. Seidell, 831 So. 2d 218 (Fla. 5th DCA 2002)…ry’s finding of no permanent injury was not supported by the evidence because the defendant did not present expert medical testimony to contradict McCown’s expert medical testimony that he suffered permanent injuries. As we held in Rogers v. Morini, 714 So. 2d 674 (Fla. 5th DCA 1998), a defendant in a personal injury action is not required to present expert testimony to contradict the claimant’s expert testimony of permanent injuries. See also Weygant v. Fort Myers Lincoln Mercury, Inc., 640 So. 2d 1092 (Fla.…
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Darryle T. Cook v. State, 768 So. 2d 443 (Fla. 2000)…PER CURIAM. We have for review Cook v. State, 714 So. 2d 674 (Fla. 5th DCA 1998), a decision of the Fifth District Court of Appeal citing as controlling authority its decision in Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998), approved in part, disapproved in part, 760 So. 2d 89 (Fla.2000). We have juris…
Authorities Cited
- Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998)