Harmful Error Analysis

15 Florida cases classified under this topic · sorted by citation count · browse and sort

• Forester v. Norman Roger Jewell & Brooks Int'l, Inc.
  610 So. 2d 1369· Fla. 1st DCA· 1992-12-30 ·cited 56×
  In this wrongful death case arising from a two-vehicle accident, the court reversed a judgment for defendants and remanded for a new trial, holding that the trial court abused its discretion by admitting emergency medical services patient reports containing hearsay statements abo
• Genstar Chem. Ltd. v. Interstate Commerce Comm'n & United States
  665 F.2d 1304· D.C. Cir.· 1981-09-25 ·cited 37×
  The court held that the district court correctly asserted jurisdiction over the ICC order for payment of money, but erred in awarding Genstar a full 14% recovery.
• RED TOP CAB & Baggage Co., Inc. v. Grady
  99 So. 2d 871· Fla. 3d DCA· 1958-01-13 ·cited 26×
  Red Top Cab appeals a damages judgment for personal injuries, raising three grounds: the trial court's refusal to appoint two doctors to examine the plaintiff, objections to neurosurgeon testimony, and claims of excessive damages. The court affirms, finding no abuse of discretion
• Elio Frank Fernandez, Jr. v. State
  570 So. 2d 1008· Fla. 2d DCA· 1990-10-12 ·cited 20×
  Elio Frank Fernandez, Jr. was convicted of aggravated assault with a firearm after an altercation at a bar where he fired a shot. The Florida District Court of Appeal reversed his conviction because the trial court erred in refusing to instruct the jury on the lesser-included off
• LEE v. State
  486 So. 2d 709· Fla. 5th DCA· 1986-04-17 ·cited 20×
  The court held that the trial court erred in scoring victim injury points and using two score sheets, and that the reasons for departure were not clear and convincing, requiring reversal and remand for resentencing.
• Wells Fargo Bank, N.A. v. Ousley
  212 So. 3d 1056· Fla. 1st DCA· 2016-06-15 ·cited 6×
  The appellate court reversed the involuntary dismissal of a foreclosure action, holding that the bank provided sufficient evidence to establish standing by demonstrating possession of the note with a blank endorsement at the time of filing.
• Bonilla v. Yamaha Motors Corp.
  955 F.2d 150· 1st Cir.· 1992-01-31 ·cited 5×
  The court held that the trial court committed prejudicial error by admitting evidence of the plaintiff's prior and subsequent speeding tickets, as this evidence was not admissible under Federal Rules of Evidence 404(b) or 608(b) and likely influenced the jury's verdict.
• Rainner v. State
  801 So. 2d 997· Fla. 4th DCA· 2001-12-19 ·cited 4×
  The court held that the trial court erred in sustaining the state's objection based on surveillance location privilege without proper procedure, thus denying the defendant's right to cross-examination.
• Kennedy v. State
  641 So. 2d 135· Fla. 5th DCA· 1994-07-01 ·cited 4×
  Brian P. Kennedy appeals his conviction for first-degree felony murder, robbery, and grand theft of a motor vehicle, challenging the trial court's denial of his motion to suppress his confession. The court affirmed, holding that although the interrogating officer's reference to i
• State Rd. Dep't of Fla. v. Levato
  192 So. 2d 35· Fla. 4th DCA· 1966-09-14 ·cited 2×
  In this eminent domain appeal, the Florida appellate court reversed a judgment awarding $16,000 to property owners because the trial court admitted an expert appraiser's valuation report that was statutorily prohibited from use at trial under Florida Statutes section 74.09. The a
• Martinez v. Comm'r of the Soc. Sec. Admin.
  S.D. Fla.· 2022-02-23
  The court held that the ALJ's decision was insufficient because it failed to properly evaluate medical source opinions and adequately consider the claimant's mental impairments in the residual functional capacity determination.
• Puzio v. State
  Fla. 4th DCA· 2021-08-11
  On remand from the Florida Supreme Court, the Fourth District Court of Appeal reversed its prior decision and remanded the case for de novo resentencing of Puzio on first-degree murder counts. The supreme court had quashed the appellate court's decision to impose a ministerial co
• COY Damone Lockett v. State
  Fla. 4th DCA· 2020-05-20
  A trial court errs and commits harmful error by allowing a jury to view new physical evidence of a defendant during deliberations, including a specific body positioning and facial profile not presented at trial, when the identity of the defendant is a central issue in the case.
• Dopson v. State
  719 So. 2d 37· Fla. 5th DCA· 1998-09-18
  The court held that even if the trial court improperly allowed impeachment with a prior conviction where adjudication was withheld, the error was not harmful because the defendant was properly impeached with other prior felony convictions.
• City of Miami v. Roberts
  10 Fla. Supp. 26· Dade Cty. Cir. Ct.· 1956-12-12
  The Circuit Court reversed a municipal court conviction for passing a stop sign, holding that the trial court erred by admitting the defendant's statements to a police officer in violation of Florida Statute 317.17, which prohibits the use of police accident reports as evidence a