DELILAH GRACE CRAIG, A MINOR, BY ETHEL BRANTLEY, HER MOTHER, AS NEXT FRIEND, APPELLANT,
v.
CITY OF BARTOW, A MUNICIPAL CORPORATION, APPELLEE
DELILAH GRACE CRAIG, A MINOR, BY ETHEL BRANTLEY, HER MOTHER, AS NEXT FRIEND, APPELLANT,
CITY OF BARTOW, A MUNICIPAL CORPORATION, APPELLEE
68 So. 2d 386
Florida Supreme Court (1953)
Positive Treatment
Cited by 4 cases
Opinion of the Court
SEBRING, Justice.
This is a companion case to Holton v. City of Bartow, Fla., 68 So. 2d 385, and the conclusions reached in that case govern the issues herein.
The judgment appealed from should accordingly be affirmed.
It is so ordered.
ROBERTS, C. J.,and MATHEWS, and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jackson v. Whitmire Constr. Co., Inc., 202 So. 2d 861 (Fla. 2d DCA 1967)…75, 776; Michel v. Bayshore Marina, Inc., Fla.App. 1966, 183 So. 2d 294, 296; Nelson v. Cravero Constructors, Inc., Fla.App.1960, 117 So. 2d 764, 766; Slatcoff v. Dezen, Fla.1954, 76 So. 2d 792, 793; Gautier v. Biscayne Shores Imp. Corp., Fla. 1953, 68 So. 2d 386, 389-390. See generally 2 Fla.Jur., Appeals, Secs. 66, 290 (1963, Supp.1967). Since appellant did not plead or in any other manner raise the issue of trespass at the trial below, he cannot argue that the trial court erroneously refused to submit it…
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Kelly v. Kaufman, 101 So. 2d 909 (Fla. 3d DCA 1958)…trial judge and pass upon a matter which it affirmatively appears that the trial judge did not consider. Torreyson v. Dutton, 145 Fla. 169, 198 So. 796; Lambert v. Taylor, 150 Fla. 680, 8 So. 2d 393; Gautier v. Biscayne Shores Imp. Corp., Fla.1953, 68 So. 2d 386; cf. Rule 3.7(i), Florida Appellate Rules. The summary judgment must be reversed upon authority of Weber v. Porco, Fla.1958, 100 So. 2d 146, and Saunders v. Kaplan, Fla.App. 101 So. 2d 181. Reversed. CARROLL, CHAS., C. J., and HORTON, J., concur.…
Authorities Cited
- Holton v. City of Bartow, 68 So. 2d 385 (Fla. 1953)