Nicholson v. City of Fort Walton Beach

District Court of Appeal of Florida

Nicholson v. City of Fort Walton Beach

293 So. 2d 104, 1974 Fla. App. LEXIS 7588

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 1974

DocketNo. V-22

StatusPublished

This text of 293 So. 2d 104 (Nicholson v. City of Fort Walton Beach) 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.

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Nicholson v. City of Fort Walton Beach, 293 So. 2d 104, 1974 Fla. App. LEXIS 7588 (Fla. Ct. App. 1974).

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Opinion

McCORD, Judge.

This is an interlocutory appeal from'an order entered in a suit for assault and battery and false imprisonment. The order complained of denied appellant the right to introduce evidence at trial as to prior alleged acts of similar misconduct by Grover C. Ayers. There was no proffer of the proposed evidence prior to or after the court’s ruling.

Although no motion to dismiss this appeal has been filed, the interlocutory order from which appeal is sought, is not allowed by Rule 4.2(a) Florida Appellate Rules, 32 F.S.A., and, therefore, will be dismissed on our own motion. Appellant should proffer the proposed evidence in the trial court outside of the jury’s presence for the trial court’s determination as to whether or not it is admissible and to complete and preserve the record in the cause. See Green v. Hood, Fla.App., 120 So.2d 223; Musachia v. Terry, Fla.App., 140 So.2d 605.

Interlocutory appeal dismissed.

BOYER, Acting C. J., and JOHNSON, J., concur.

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McCORD, Judge.

This is an interlocutory appeal from'an order entered in a suit for assault and battery and false imprisonment. The order complained of denied appellant the right to introduce evidence at trial as to prior alleged acts of similar misconduct by Grover C. Ayers. There was no proffer of the proposed evidence prior to or after the court’s ruling.

Although no motion to dismiss this appeal has been filed, the interlocutory order from which appeal is sought, is not allowed by Rule 4.2(a) Florida Appellate Rules, 32 F.S.A., and, therefore, will be dismissed on our own motion. Appellant should proffer the proposed evidence in the trial court outside of the jury’s presence for the trial court’s determination as to whether or not it is admissible and to complete and preserve the record in the cause. See Green v. Hood, Fla.App., 120 So.2d 223; Musachia v. Terry, Fla.App., 140 So.2d 605.

Interlocutory appeal dismissed.

BOYER, Acting C. J., and JOHNSON, J., concur.

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293 So. 2d 104, 1974 Fla. App. LEXIS 7588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholson-v-city-of-fort-walton-beach-fladistctapp-1974.

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