Safelite Glass Corp. v. Samuel

District Court of Appeal of Florida

Safelite Glass Corp. v. Samuel

736 So. 2d 1283, 1999 Fla. App. LEXIS 10087, 1999 WL 543238

CourtDistrict Court of Appeal of Florida

DecidedJuly 28, 1999

DocketNo. 98-3130

StatusPublished

This text of 736 So. 2d 1283 (Safelite Glass Corp. v. Samuel) 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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Safelite Glass Corp. v. Samuel, 736 So. 2d 1283, 1999 Fla. App. LEXIS 10087, 1999 WL 543238 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

We affirm the final judgment. Appellants seek a new trial on the ground that the trial court erred in giving a jury instruction based on Via v. Tillinghast, 153 So.2d 59 (Fla. 3d DCA 1963). We conclude that the issue has not been preserved for review because the argument asserted here was not presented to the trial court. We further note, in any event, that the instruction based on Via should not have been given for the reasons articulated in Gordon’s Tractor Service, Inc. v. Bilello, 336 So.2d 1208 (Fla. 2d DCA 1976).

STONE, POLEN, and GROSS, JJ., concur.

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PER CURIAM.

We affirm the final judgment. Appellants seek a new trial on the ground that the trial court erred in giving a jury instruction based on Via v. Tillinghast, 153 So.2d 59 (Fla. 3d DCA 1963). We conclude that the issue has not been preserved for review because the argument asserted here was not presented to the trial court. We further note, in any event, that the instruction based on Via should not have been given for the reasons articulated in Gordon’s Tractor Service, Inc. v. Bilello, 336 So.2d 1208 (Fla. 2d DCA 1976).

STONE, POLEN, and GROSS, JJ., concur.

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736 So. 2d 1283, 1999 Fla. App. LEXIS 10087, 1999 WL 543238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/safelite-glass-corp-v-samuel-fladistctapp-1999.

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