Florida District Courts of Appeal, 1975

Southside American, Inc. v. O'Quinn

Southside American, Inc. v. O'Quinn
Florida District Courts of Appeal · Decided May 13, 1975 · Boyer, Johnson, McCord
312 So. 2d 491; 1975 Fla. App. LEXIS 14968 (Southern Reporter, Second Series)

Southside American, Inc. v. O'Quinn

Opinion of the Court

PER CURIAM.

Appellant, defendant in the trial court, seeks review of a final judgment entered on a jury verdict, raising four points for our consideration. Our review of the lengthy record and excellent briefs filed by the parties reveals that each point so raised by appellant relates to matters which fall within the ambit of the authority of the trial judge incident to conduct of the trial. In either instance, had the learned trial judge ruled contra such would not be considered error. On the other hand, the ruling that he elected to make in each instance was, as above stated, within his authority, and did not constitute error. It is not our providence to substitute our conclusions for those of the trial judge.

Prejudicial error not having been demonstrated, the final judgment appealed is

Affirmed.

*492BOYER, Acting C. J., and JOHNSON, J., concur. McCORD, J., specially concurs.

Concurring Opinion

McCORD, Judge

(concurring specially).

I concur in affirmance and consider there was no reversible error in the contested rulings of the trial judge. I neither agree nor disagree that the trial judge could have ruled to the contrary in each instance, and it would not be considered error.

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