Delano Hotel, Inc. v. Gold, 60-204
| Decision Date | 02 February 1961 |
| Docket Number | No. 60-204,60-204 |
| Citation | 126 So.2d 301 |
| Parties | DELANO HOTEL, INC., a Florida corporation, Appellant, v. Louis GOLD, Appellee. |
| Court | Florida District Court of Appeals |
Frishman & Parker, Miami Beach, for appellant.
Gerald Forman, Miami, for appellee.
This is an appeal from a judgment rendered on a jury verdict in the civil court of record in Dade County. A counterclaim by which the appellant corporation sought to recover for loans alleged to have been made by it to the appellee was tried separately before a jury, and resulted in a verdict for the counter-defendant. Reversal is sought on the ground that the court erred by not admitting into evidence books of the corporation showing entries made incident to checks delivered to the appellee. A question arose as to whether advances to the appellee were, as alleged, loans by the hotel corporation, or were loans by the officer in his individual capacity. The competence of the proffered records for admission into evidence under § 92.36, Fla.Stat., F.S.A., was challenged, and the appellee's objection to them was sustained. The evidence which the rejected records would have shown was presented otherwise through testimony of the party seeking its entry. Therefore, the error, if any, in excluding the proffered records was not shown to have been harmful, and under § 54.23, Fla.Stat., F.S.A., should not bring reversal. See Tischler v. Apple, 30 Fla. 132, 11 So. 273; Atlantic Coast Line R. Co. v. Peeples, 56 Fla. 145, 47 So. 392; Davis v. Woodward-Crowder Co., 118 Fla. 323, 160 So. 189, 191; 5 A C.J.S. Appeal and Error § 1753.
The appellant's contention that the verdict was against the manifest weight of the evidence, raised in a supplemental brief, has been examined in the light of the briefs and the record and found to be without merit.
Affirmed.
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...if error to exclude testimony, error is, at most, harmless where facts were established by other evidence); Delano Hotel, Inc. v. Gold, 126 So.2d 301, 302 (Fla. 3d DCA 1961); see generally Rance v. Hutchinson, 131 Fla. 460, 179 So. 777, 780 (1938); Corbett v. Seaboard Coast Line Railroad, 3......
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...after the injury did not outweigh “the danger of unfair prejudice and their tendency to mislead the jury”); Delano Hotel, Inc. v. Gold, 126 So.2d 301, 302 (Fla. 3d DCA 1961) (holding that, where the evidence which rejected records would have shown was presented otherwise through testimony o......
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Monroe County v. New Port Largo, Inc., 84-946
...by the appellant and find either no error, no prejudice, see Bessman v. State, 259 So.2d 776 (Fla. 3d DCA 1972); Delano Hotel, Inc. v. Gold, 126 So.2d 301 (Fla. 3d DCA 1961), or Affirmed. FERGUSON, J., concurs. JORGENSON, J., concurs in the result. 1 We find it unnecessary to determine whet......
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...error. (See Coral Plaza Corp. v. Hersman, 220 So.2d 672 (Fla. 3rd DCA 1969) cert. denied 229 So.2d 867 and Delano Hotel, Inc. v. Gold, 126 So.2d 301 (Fla. 3rd DCA 1961). See also Petroleum Carrier Corporation v. Gates, 330 So.2d 751 (Fla. 1st DCA I would grant appellee's Petition for Rehear......