Larry Collins v. James Simmons

CourtDistrict Court of Appeal of Florida
DecidedJune 8, 2016
Docket15-2907
StatusPublished

This text of Larry Collins v. James Simmons (Larry Collins v. James Simmons) 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
Larry Collins v. James Simmons, (Fla. Ct. App. 2016).

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

LARRY COLLINS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D15-2907

JAMES SIMMONS,

Appellee.

_____________________________/

Opinion filed June 9, 2016.

An appeal from the Circuit Court for Gadsden County. Martin A. Fitzpatrick, Judge.

Elizabeth K. Russo, Miami; Banker Lopez Gassler, P.A., Tallahassee; Reynolds Parrino Spano & Shadwick, P.A., St. Petersburg, for Appellant.

James E. Fasig and Mark W. Nonni of Barrett, Fasig & Brooks, and Fred E. Pearson, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

ROWE and BILBREY, JJ., CONCUR, and MAKAR, J., SPECIALLY CONCURS WITH OPINION. MAKAR, J., specially concurring.

I concur in result based on the two-issue rule. See Whitman v. Castlewood

Int’l. Corp., 383 So. 2d 618, 619 (Fla. 1980) (“[W]here there is no proper objection

to the use of a general verdict, reversal is improper where no error is found as to

one of two issues submitted to the jury on the basis that the appellant is unable to

establish that he has been prejudiced.”).

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Related

Whitman v. Castlewood Intern. Corp.
383 So. 2d 618 (Supreme Court of Florida, 1980)

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Bluebook (online)
Larry Collins v. James Simmons, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larry-collins-v-james-simmons-fladistctapp-2016.