Legal Opinion

Lemay v. Garcia

District Court of Appeal of Florida

Decided January 7, 1964No. 63-110PublishedCited by 3 opinions

1Opinion of the Court

BARKDULL, Chief Judge.

This case involved an intersection accident between two automobiles. The evidence was in conflict. The jury resolved these conflicts in favor of the ap-pellee, both on the original complaint against him and on his counter claim against the appellant. The jury verdict arrived in this court with a presumption of correctness. See: Tampa Transit Lines v. Rodriguez, Fla.App.1958, 100 So.2d 676; Foute v. Maule, Fla.App.1962, 143 So.2d 563. The burden to demonstrate error is upon the appellant. See: Green-Mar Builders, Inc. v. Pearlman, Fla.App.1959, 109 So.2d 601; DiVosta v.…

2Cases cited5 opinions

  1. Cash v. GatesDistrict Court of Appeal of Florida · 1963
  2. Fuote v. MauleDistrict Court of Appeal of Florida · 1962
  3. Tampa Transit Lines, Inc. v. RodriguezDistrict Court of Appeal of Florida · 1958
  4. Green-Mar Builders, Inc. v. PearlmanDistrict Court of Appeal of Florida · 1959
  5. Di Vosta v. Boam Corp.District Court of Appeal of Florida · 1959

3Cited by3 opinions

  1. Noa v. United Gas Pipeline CompanySupreme Court of Florida · 1974
  2. Reefer Transportation, Inc. v. HoffmanDistrict Court of Appeal of Florida · 1965
  3. Rossi v. Vecchio ex rel. PedersenDistrict Court of Appeal of Florida · 1975

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