MYRON J. SINGER ET AL., APPELLANTS,

v.

E. W. ESTELLE, D/B/A AIRLINE REALTY CORPORATION, A FLORIDA CORPORATION, APPELLEE; ESTATE OF MAX A. HEIMAN, APPELLANT, V. E. W. ESTELLE, D/B/A AIRLINE REALTY CORPORATION, A FLORIDA CORPORATION, APPELLEE

Citator

Cited By

• Huhn v. State, 511 So. 2d 583 (Fla. 4th DCA 1987)
  …ry should already have done so. We think appellant’s reading is incorrect, but the comment nevertheless merits careful scrutiny for its possible effect on the jury. See Villageliu v. State, 347 So. 2d 445, 447 (Fla. 3d DCA 1977). In Parise v. State, 320 So. 2d 444 (Fla. 3d DCA 1975), the rule is stated that the trial court should avoid making directly to or within the hearing of the jury any remark susceptible of interpretation as the judge’s view of the case or of the weight, character or credibility of [*59…
• Caler James v. State, 388 So. 2d 35 (Fla. 5th DCA 1980)
  …ew the judge takes of the case, or as to what opinion the judge holds as to the weight, character or credibility of the testimony. Flicker v. State, 374 So. 2d 1141 (Fla. 5th DCA 1979); Raulerson v. State, 102 So. 2d 281 (Fla.1958); Parise v. State, 320 So. 2d 444 (Fla. 3d DCA 1975). In this case, the judge conveyed his disbelief of the defendant’s defense directly and clearly by his interruption of the testimony and his characterization of it as “the rankest form of hearsay that there is”. It was clearly pre…
• Villageliu v. State, 347 So. 2d 445 (Fla. 3d DCA 1977)
  …t and could not, except with the aid of a most vivid imagination, be said to have intimidated anyone. Judicial comments during a trial must be carefully scrutinized for their possible effect on the jury or a witness. See the rule in Parise v. State, 320 So. 2d 444 (Fla. 3d DCA 1975). Where it appears, as it does here, that the comment could not have prejudiced the defendant’s trial in any way, the comment will not be sufficient to require a new trial.1 Cf. Lister v. State, 226 So. 2d 238 (Fla. 4th DCA 1969).…

Authorities Cited

• Nat'l Airlines, Inc. v. Oscar E. Dooly Assocs., Inc., 160 So. 2d 53 (Fla. 3d DCA 1964)
• Vincent v. Lawson, 272 So. 2d 162 (Fla. 4th DCA 1973)
• Long v. State, 272 So. 2d 162 (Fla. 4th DCA 1973)