BRYAN B. CRERAR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1973-02-21
No. 72-938
Before BARKDULL, C. J., and HEN-DRY and HAVERFIELD, JJ.
273 So. 2d 419 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

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  • …ure of a party to request an omitted instruction or to object to the admission of a particular instruction precludes that party from raising as error that point on appeal. Collard v. Keeton, 317 So. 2d 121 (Fla. 3d DCA 1975) and Fleitas v. Robinson, 273 So. 2d 419 (Fla. 3d DCA 1973). Additionally, we point out that the instructions which were actually given are in accordance and premised on the cases relied upon in Houdaille Industries, Inc. v. Edwards, supra. The final point presented by appellant goes to t…
  • City OF Orlando v. Birmingham, 539 So. 2d 1133 (Fla. 1989)
    …rocedure 1.470(b) to bar the appeal of jury instructions to which no objection was raised at the trial level.1 Middelveen v. Sibson Realty, Inc., 417 So. 2d 275, 277 (Fla. 5th DCA 1982), review denied, 424 So. 2d 762 (Fla.1982); Fleitas v. Robinson, 273 So. 2d 419 (Fla. 3d DCA 1973). Furthermore, in criminal cases where the alleged error is giving or failing to give a particular jury instruction, this Court has refused to allow parties to object to the instruction for the first time on appeal. Febre v. State,…
  • Metro. Dade Cnty. v. Walsh Constr. Co. OF Ill., 570 So. 2d 368 (Fla. 3d DCA 1990)
    …uring the actual charge, the trial court varies from the wording of the written instructions, objections must be raised in a timely fashion to enable the trial court to cure any error. Castor v. State, 365 So. 2d 701 (Fla.1978); Fleitas v. Robinson, 273 So. 2d 419 (Fla. 3d DCA 1973). In this case Dade County made no objection during or immediately after the jury was charged. An objection after the jury had returned its verdict was untimely. Second, the evidence was legally sufficient to survive a motion for…

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