Joseph F. Maimone Security & Investigations, Inc. v. American Express Travel Related Services, Inc.

District Court of Appeal of Florida

Joseph F. Maimone Security & Investigations, Inc. v. American Express Travel Related Services, Inc.

598 So. 2d 272, 1992 Fla. App. LEXIS 5210, 1992 WL 98307

CourtDistrict Court of Appeal of Florida

DecidedMay 12, 1992

DocketNo. 91-1085

StatusPublished

Cited by1 cases

This text of 598 So. 2d 272 (Joseph F. Maimone Security & Investigations, Inc. v. American Express Travel Related Services, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joseph F. Maimone Security & Investigations, Inc. v. American Express Travel Related Services, Inc., 598 So. 2d 272, 1992 Fla. App. LEXIS 5210, 1992 WL 98307 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Joseph F. Maimone Security and Investigations, Inc., plaintiff below, appeals a judgment in favor of defendant American Express Travel Related Services, Inc. We conclude first, that plaintiff opened the door to the evidence about criminal proceedings relating to Joseph F. Maimone. See M. Graham, Handbook of Florida Evidence § 104.1, at 19-22 (1987); see also Jackson v. State, 359 So.2d 1190, 1193-94 (Fla.1978), cert. denied, 439 U.S. 1102, 99 S.Ct. 881, 59 L.Ed.2d 63 (1979). Second, we find no error in the exclusion of [273]*273testimony of two witnesses regarding the origin of one clause in the contract between the parties. The question was whether the clause had been breached; the background of the clause did not add to an understanding of it and was properly excluded as irrelevant and cumulative to testimony already received. See § 90.612(1), Fla.Stat. (1991).

In light of the affirmance on liability, the appellant’s third point on appeal, which relates to the measure of damages, is moot.

Affirmed.

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PER CURIAM.

Joseph F. Maimone Security and Investigations, Inc., plaintiff below, appeals a judgment in favor of defendant American Express Travel Related Services, Inc. We conclude first, that plaintiff opened the door to the evidence about criminal proceedings relating to Joseph F. Maimone. See M. Graham, Handbook of Florida Evidence § 104.1, at 19-22 (1987); see also Jackson v. State, 359 So.2d 1190, 1193-94 (Fla.1978), cert. denied, 439 U.S. 1102, 99 S.Ct. 881, 59 L.Ed.2d 63 (1979). Second, we find no error in the exclusion of [273]*273testimony of two witnesses regarding the origin of one clause in the contract between the parties. The question was whether the clause had been breached; the background of the clause did not add to an understanding of it and was properly excluded as irrelevant and cumulative to testimony already received. See § 90.612(1), Fla.Stat. (1991).

In light of the affirmance on liability, the appellant’s third point on appeal, which relates to the measure of damages, is moot.

Affirmed.

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598 So. 2d 272, 1992 Fla. App. LEXIS 5210, 1992 WL 98307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-f-maimone-security-investigations-inc-v-american-express-fladistctapp-1992.