JOHN E. HERMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This court, proceeding in a manner outlined and recommended by the Supreme Court of the United States in Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493, having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having furnished appellant with a copy of the public defender’s memorandum brief, and having allowed the appellant a reasonable specified time within which to raise any 'points that he chose in support of this appeal, and the appellant having filed his response thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous. Whereupon, the public defender’s said motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.
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Metro. Dade Cnty. Transit Auth. & Robert Hamlett v. Espinosa, 344 So. 2d 1290 (Fla. 3d DCA 1977)…as true when our courts operated under the doctrine of contributory negligence and a plaintiff’s negligence was a complete defense. It is likewise true today, when cases are tried on issues of comparative negligence. City of St. Petersburg v. Naden, 284 So. 2d 15 (Fla. 2nd D.C.A. 1973); Thompson v. Jacobs, 314 So. 2d 797 (Fla. 1st D.C.A. 1975); Petroleum Carrier Corporation v. Gates, 330 So. 2d 751 (Fla. 1st D.C.A. 1976). Finding evidence in the record to support the jury’s verdict, no error has been made t…
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Buford Millett v. Travelers Indem. Co., 287 So. 2d 708 (Fla. 2d DCA 1974)…ts-appellees in this negligence action must be reversed. It is apparent here that material issues of fact are yet to be resolved on the questions of contributory negligence and proximate causation. Cf. City of St. Petersburg v. Naden (Fla.App.1973), 284 So. 2d 15. Reversed. HOBSON, A. C. J., and McNULTY and GRIMES, JJ., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)