EVELYN HERSCHER AND BERNARD HERSCHER, HER HUSBAND, APPELLANTS,
v.
ALBERT ENTERPRISES, INC., ETC., ET AL., APPELLEES

Fla. 3d DCA | 1971-10-05
No. 71-115
Before SWANN, C. J., and PEARSON and HENDRY, JJ.
252 So. 2d 863 Florida District Court of Appeal, Third District (1971) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The plaintiffs appeal a final judgment entered upon a jury verdict. The points relied upon for reversal all argue claimed procedural errors in the trial of the case or in the court’s handling of the post-trial motions. We hold that prejudicial error does not appear in the record. It has been frequently held that an appellate court will not reverse for a new trial upon procedural errors where it affirmatively appears that the claimed errors did not affect appellant’s right to a fair trial. Hill v. Sadler, Fla.App.1966, 186 So.2d 52.

Affirmed.


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  • Herscher v. Albert Enters., Inc., 255 So. 2d 530 (Fla. 1971)
    …Certiorari denied. 252 So. 2d 863. ROBERTS, C. J., and CARLTON, ADKINS and DEKLE, JJ., concur. ERVIN, J., dissents.…

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