Florida District Courts of Appeal, 1993

Sayre v. Flymo, Inc.

Sayre v. Flymo, Inc.
Florida District Courts of Appeal · Decided April 14, 1993 · Farmer, James, Stone, Walden
616 So. 2d 617; 1993 Fla. App. LEXIS 4412; 1993 WL 113321 (Southern Reporter, Second Series)

Sayre v. Flymo, Inc.

Opinion of the Court

PER CURIAM.

AFFIRMED.

STONE, J. and WALDEN, JAMES H., Senior Judge, concur. FARMER, J., concurs specially with opinion.

Concurring Opinion

FARMER, Judge,

specially concurring.

If the case so ably argued by appellant’s counsel was the same case argued by trial counsel, I should agree that a reversal is required. At trial, the defense objected to certain expert opinion testimony regarding the need for warnings on the subject product. On appeal, plaintiff’s lawyer argues that the grounds for exclusion were irrelevant, or at least went to the weight of the evidence only, rather than its admissibility. Unfortunately, that is not the same argument presented to the trial judge, who was never urged to consider admitting the evidence on the grounds argued on appeal. I agree that we are required to affirm.

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