CLYDE E. HART, APPELLANT,
v.
RAYMON F. TUCKER AND WILLARD J. GRANDE, APPELLEES

Fla. 1st DCA | 1970-07-09
No. M-379
CARROLL, DONALD K., Acting C. J., and WIGGINTON and SPECTOR, JJ., concur.
237 So. 2d 772 Florida District Court of Appeal, First District (1970) Positive Treatment
Cited by 11 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks reversal of a summary final judgment entered against him in an action for contribution brought against him by appellees who were co-endorsers with appellant on a note, the maker of which went into bankruptcy. Appellees brought this action after they were compelled to pay off the note in question.

A careful examination of the record on appeal conclusively establishes the absence of any genuine triable issue of material fact, and that appellees were entitled to judgment as a matter of law. The judgment appealed is accordingly affirmed. Florida State Turnpike Authority v. Michael Baker, Jr., Inc., 156 So.2d 198 (Fla.App.1963). See Section 46.011, Florida Statutes Annotated and cases annotated thereunder.

CARROLL, DONALD K., Acting C. J., and WIGGINTON and SPECTOR, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Stripling v. State, 349 So. 2d 187 (Fla. 3d DCA 1977)
    …severance to show at least a likelihood that he did not receive a fair trial because of the denial of the motion to sever. Abbott v. State, 334 So. 2d 642 (Fla.3d DCA 1976). See also State v. Talavera, 243 So. 2d 595 (Fla.1971); Rodriguez v. State, 237 So. 2d 772 (Fla.3d DCA 1970); Grech v. State, 243 So. 2d 216 (Fla.3d DCA 1971); Dove v. State, 287 So. 2d 384 (Fla.1st DCA 1973). After a review of the record, we conclude Stripling has failed in his burden of showing the denial of his severance motion constit…
  • Ballard v. State, 323 So. 2d 297 (Fla. 3d DCA 1975)
    …sound discretion of the trial court. Reis v. State, Fla.App.1971, 248 So. 2d 666. On appeal, the burden is on the defendant to clearly demonstrate that the trial judge abused his discretion in denying the severance. Rodriguez v. State, Fla.App.1970, 237 So. 2d 772. In evaluating the exercise of discretion, it has been held that a mistrial should not be granted when the alleged error is not fundamental or prejudicial to the substantial rights of a defendant. Perry v. State, 1941, 146 Fla. 187, 200 So. 525. We…
  • State v. Talavera, 243 So. 2d 595 (Fla. 1971)
    …urt’s ruling on severance to show an abuse of discretion. The District Court of Appeal, Third District, in a decision rendered after the District Court’s decision in the Talavera case, was confronted with a similar situation. In Rodriguez v. State, 237 So. 2d 772 (Fla. App.3rd 1970), two defendants accused of narcotics violations sought separate trials on the ground that they intended to call each other as witnesses. The trial judge refused the severance and the District Court affirmed stating: “It is withi…

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