McDowell v. Guinta

District Court of Appeal of Florida

McDowell v. Guinta

421 So. 2d 810, 1982 Fla. App. LEXIS 28188

CourtDistrict Court of Appeal of Florida

DecidedNovember 17, 1982

DocketNo. 81-1134

StatusPublished

Cited by2 cases

This text of 421 So. 2d 810 (McDowell v. Guinta) 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

McDowell v. Guinta, 421 So. 2d 810, 1982 Fla. App. LEXIS 28188 (Fla. Ct. App. 1982).

Pincite

Opinion

PER CURIAM.

Although appellants have demonstrated procedural error, they have failed to establish that they were prejudiced thereby. The record reflects several technical procedural errors by the trial court in allowing the appellee to proceed on pleadings that would usually merit dismissal with an opportunity to replead. Notwithstanding these errors the substance of the appellee’s claims were properly before the court, and the appellants were sufficiently apprised of those claims to bar the necessity of a retrial. This was, in essence, the view of the trial court in allowing the appellee to present her claims to the jury. Obligated as we are not to place form over substance, the trial court’s decision should be affirmed.

AFFIRMED.

ANSTEAD, BERANEK and GLICK-STEIN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Although appellants have demonstrated procedural error, they have failed to establish that they were prejudiced thereby. The record reflects several technical procedural errors by the trial court in allowing the appellee to proceed on pleadings that would usually merit dismissal with an opportunity to replead. Notwithstanding these errors the substance of the appellee’s claims were properly before the court, and the appellants were sufficiently apprised of those claims to bar the necessity of a retrial. This was, in essence, the view of the trial court in allowing the appellee to present her claims to the jury. Obligated as we are not to place form over substance, the trial court’s decision should be affirmed.

AFFIRMED.

ANSTEAD, BERANEK and GLICK-STEIN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

421 So. 2d 810, 1982 Fla. App. LEXIS 28188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdowell-v-guinta-fladistctapp-1982.

Opinion

Related

Cite This Page — Counsel Stack