Florida Power & Light Co. v. McCollum

Decision Date31 January 1962
Docket NumberNo. 31262,31262
Citation140 So.2d 569
CourtFlorida Supreme Court
PartiesFLORIDA POWER & LIGHT COMPANY, a Florida corporation, Petitioner, v. Sandra Ann McCOLLUM, as widow of Eddie Mack McCollum, Respondent.

We find no real inconsistency between this principle, expressly recognized in the opinion of the district court herein, and the statement first above quoted from the opinion. To any extent, however, that the opinion may imply that an erroneous instruction ipso facto invalidates the verdict, the language stands corrected to conform with the established rule of the cases. In all other particulars, the disposition of the cause is approved.

Writ discharged.

ROBERTS, C. J., and HOBSON, THORNAL and O'CONNELL, JJ., concur.

4 Section 54.23, Florida Statutes 1961, F.S.A.:

'54.23 Harmless error; effect.--No judgment shall be set aside or reversed, or new trial granted by any court of the State of Florida in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice. This section shall be liberally construed.'

5 Cases collected in 1 Fla.Pl. & Prac. 610, Appeals, Sec. 173.

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40 cases
  • Smith v. Canevary
    • United States
    • Florida District Court of Appeals
    • December 12, 1989
    ...138 So.2d 765 (Fla. 1st DCA 1962); McCollum v. Florida Power & Light Co., 125 So.2d 754 (Fla. 3d DCA 1961), cert. discharged, 140 So.2d 569 (Fla.1962). All of these cases, however, were decided prior to the advent of the Florida Standard Jury Instructions in Civil Cases, adopted by the Flor......
  • Castlewood Intern. Corp. v. LaFleur
    • United States
    • Florida Supreme Court
    • October 29, 1975
    ...erroneous and proper jury charges. Cf., McCullum v. Florida Power & Light Co., 125 So.2d 754, 755 (3d Dist.Ct.App.Fla.1961), Aff'd, 140 So.2d 569 (Fla.1962).1 Most discretionary acts are found in this area of the law. The following are some examples: Control of the scope of voir dire examin......
  • Philip Morris USA, Inc. v. Duignan, Case No. 2D15–5055
    • United States
    • Florida District Court of Appeals
    • November 15, 2017
    ...error in these instructions might reasonably have misled the jury and constitutes reversible error. See, e.g., Fla. Power & Light Co. v. McCollum, 140 So.2d 569, 569 (Fla. 1962) (concluding that the proper "inquiry is whether the jury might reasonably have been misled" and concluding that s......
  • St. Paul Fire and Marine Ins. Co. v. Welsh
    • United States
    • Florida District Court of Appeals
    • January 7, 1987
    ...that the jury might reasonably have been misled so as to have resulted in a miscarriage of justice. See Florida Power and Light Company v. McCollum, 140 So.2d 569 (Fla.1962). On cross appeal, the Bustillos raise the issue of whether an insurer must plead a settlement agreement as an affirma......
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