Sayad v. Alley
| Decision Date | 09 June 1987 |
| Docket Number | No. 86-129,86-129 |
| Citation | 12 Fla. L. Weekly 1434,508 So.2d 485 |
| Parties | 12 Fla. L. Weekly 1434 William SAYAD, Appellant, v. James ALLEY, Appellee. |
| Court | Florida District Court of Appeals |
Richard A. Sherman, Fort Lauderdale, for appellant.
Canning & Murray and C. Robert Murray, Jr., Miami, for appellee.
Before SCHWARTZ, C.J., and HENDRY and HUBBART, JJ.
We affirm the judgment for the plaintiff entered on a jury verdict in this intersection automobile accident case upon the holdings that (a) the trial court did not abuse its discretion in restricting the testimony of the defendant's expert accident reconstructionist to subject matter which had been timely revealed in discovery and in precluding his opinion as to an area which had not, Binger v. King Pest Control, 401 So.2d 1310 (Fla.1981); (b) the two passing references to "insurance" during the trial required at most a cautionary instruction and did not necessitate a mistrial, Carls Markets, Inc. v. Meyer, 69 So.2d 789 (Fla.1953); Crowell v. Fink, 167 So.2d 614 (Fla. 1st DCA 1964); and (c) any alleged error in the exclusion of a prior inconsistent statement by the plaintiff was not properly preserved below. See § 90.614(2), Fla.Stat. (1985); Hoctor v. Tucker, 432 So.2d 1352, 1354-55 (Fla. 5th DCA 1983); Rezzarday v. West Florida Hospital, 462 So.2d 470 (Fla. 1st DCA 1984); Diaz v. Rodriguez, 384 So.2d 906, 907 (Fla. 3d DCA 1980).
To continue reading
Request your trial
-
Nicaise v. Gagnon, 90-3324
...lawyer"); Metropolitan Dade County v. Dillon, 305 So.2d 36 (Fla. 3d DCA 1974), cert. denied, 317 So.2d 442 (Fla.1975); Sayad v. Alley, 508 So.2d 485 (Fla. 3d DCA), rev. denied, 518 So.2d 1278 (Fla.1987) (wherein it was held the trial court had not erred by denying the defendant's motion for......
-
South Motor Co. of Dade County v. Accountable Const. Co.
...instruction may render such error completely harmless. See Luster, 78 So.2d at 88; Carls Markets, 69 So.2d at 793; Sayad v. Alley, 508 So.2d 485, 486 (Fla. 3d DCA 1987). It is clear that the central issues of both the main action and counterclaim is whether either of the parties owed any mo......
-
Melara v. Cicione, 96-2961
...are not fundamental error requiring per se reversal, see Luster v. Moore, 78 So.2d 87, 88 (Fla.1955); see also Sayad v. Alley, 508 So.2d 485, 486 (Fla. 3d DCA 1987), we conclude in accordance with Joiner, Mitchell, Milstein, Wallace, Green, Shipling and Portela that the appellants have fail......
-
Nicaise v. Gagnon, 90-3324
...lawyer"); Metropolitan Dade County v. Dillon, 305 So.2d 36 (Fla. 3d DCA 1974), cert. denied, 317 So.2d 442 (Fla.1975); Sayad v. Alley, 508 So.2d 485 (Fla. 3d DCA), rev. denied, 518 So.2d 1278 (Fla.1987) (wherein it was held the trial court had not erred by denying the defendant's motion for......