Swanson ex rel. Swanson v. State Farm Fire & Casualty Co.

Florida District Courts of Appeal
Swanson ex rel. Swanson v. State Farm Fire & Casualty Co., 349 So. 2d 202 (1977)
1977 Fla. App. LEXIS 15983
Anstead, Letts, Mager

Swanson ex rel. Swanson v. State Farm Fire & Casualty Co.

Opinion of the Court

PER CURIAM.

Upon review and due consideration of the appellate issues we are of the opinion that the record on appeal reflects several errors, the totality of which warrant the granting of a new trial. In particular, admission into evidence of a Mary Carter agreement in a modified and excised form and later referred to by counsel as a “secret agreement” was prejudicial and contrary to the holdings in Imperial Elevator Co., Inc. v. Cohen, 311 So.2d 732 (Fla. 3d DCA 1975); General Portland Land Development Co. v. Stevens, 291 So.2d 250 (Fla. 4th DCA 1974); Weinstein v. National Car Rentals, 288 So.2d 509 (Fla. 3d DCA 1973); Ward v. Ochoa, 284 So.2d 385 (Fla. 1973). Accordingly, the final judgment is reversed and the cause remanded for a new trial or such other proceedings as may be consistent herewith.

REVERSED AND REMANDED.

MAGER, C. J., ANSTEAD and LETTS, JJ., concur.

Reference

Full Case Name
Daniel Lee SWANSON, a minor, by his next friend, Frank Swanson, Donna Pauline Swanson and Frank Robert Swanson, Individually v. STATE FARM FIRE & CASUALTY CO., etc., Gerald Lee Pinder, Dorothy Lee Pinder
Cited By
5 cases
Status
Published