HARDEN L. BRYANT AND AUTO-OWNERS INSURANCE COMPANY, A CORPORATION, APPELLANTS,
v.
JUNE E. HAARALA, A MINOR, BY HER NEXT FRIEND AND FATHER, JAMES HAARALA, APPELLEE

Fla. 1st DCA | 1971-03-18
No. N-129
WIGGINTON, Acting C. J., and RAWLS and SPECTOR, JJ., concur.
245 So. 2d 644 Florida District Court of Appeal, First District (1971) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants appeal from an adverse final judgment based upon a jury verdict in this automobile accident case. The sole issue *645on appeal is whether or not the trial judge erred in admitting into evidence an un-sworn statement of the clerk of a criminal court which reflected that the driver of the automobile had entered a plea of guilty of reckless driving.

We agree with appellants that the controverted statement was technically insufficient as to form and was therefore erroneously admitted into evidence. However, the testimony and evidence presented to the jury in this cause adduced negligence of such gross character on the part . of appellant that the admission of the cited statement falls within the harmless error doctrine.

The judgment appealed is affirmed.

WIGGINTON, Acting C. J., and RAWLS and SPECTOR, JJ., concur.


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  • DeBOLD v. The Ocean Reef Club, Inc., 368 So. 2d 95 (Fla. 3d DCA 1979)
    …. 3d DCA 1978); Waller v. fraud, 301 So. 2d 127 (Fla. 3d DCA 1974). In any event, the testimony was no more than cumulative to other, indeed, massive evidence of the plaintiff’s negligence which was properly admitted at the trial. Bryant v. Haarala, 245 So. 2d 644 (Fla. 1st DCA 1971); Myers v. Korbly, 103 So. 2d 215 (Fla. 2d DCA 1958). We hold also that the plaintiff’s substantial rights were not adversely affected by the denial of two requested jury charges, since the record shows that, as [*96] actually g…

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