Legal Opinion
Carbone v. Coblentz
District Court of Appeal of Florida
Decided September 14, 1961No. Nos. 61-2, 61-3PublishedCited by 6 opinions
1Opinion of the Court
CARROLL, Judge.
These two actions for damages were filed under the wrongful death and survival statutes (§§ 768.02 and 45.11, Fla.Stat., F.S.A.) against appellant who shot and killed the decedent. They were consolidated and tried before a jury, and a verdict and judgment for the plaintiff resulted in each case.
The defendant appealed, and insists it was error to deny a motion for mistrial after a witness for plaintiff testified that the defendant previously had killed a person. That evidence was highly improper and prejudicial, and on authority of Florida East Coast Ry. Co. v. Young, 104 Fla.…
2Cases cited3 opinions
- Louette v. StateSupreme Court of Florida · 1943
- Wall v. LittleSupreme Court of Florida · 1931
- Florida East Coast Railway Co. v. YoungSupreme Court of Florida · 1932
3Cited by6 opinions
- Ralph E. Coblentz, as Administrator, D.B.N. Of the Estate of Edward Thomas Coblentz, Deceased v. American Surety Company of New YorkCourt of Appeals for the Fifth Circuit · 1969
- Stripling v. StateDistrict Court of Appeal of Florida · 1977
- American Surety Company of New York v. Ralph E. Coblentz, as Administrator D.B.N. Of the Estate of Edward Thomas Coblentz, DeceasedCourt of Appeals for the Fifth Circuit · 1967
- Hill v. Allstate InsuranceDistrict Court of Appeal of Florida · 1981
- Ralph E. Coblentz, as Administrator, D.B.N. Of the Estate of Edward Thomas Coblentz, Deceased v. American Surety Company of New YorkCourt of Appeals for the Fifth Circuit · 1969
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