CARBONE v. COBLENTZ

Nos. 61-2, 61-3.

132 So.2d 629 (1961)

Vincent CARBONE, Appellant, v. Ralph E. COBLENTZ, as Administrator, D.B.N. of the Estate of Edward Thomas Coblentz, Deceased, Appellee (two cases).

District Court of Appeal of Florida. Third District.

September 14, 1961.


Attorney(s) appearing for the Case

Blackwell, Walker & Gray and Robert G. Young, Miami, for appellant.

Headley & Sudduth, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and HORTON and CARROLL, JJ.


CARROLL, Judge.

These two actions for damages were filed under the wrongful death and survival statutes (§§ 768.02 and 45.11, Fla. Stat., F.S.A.) against appellant who shot and killed the decedent. They were consolidated and tried before a jury, and a verdict and judgment for the plaintiff resulted in each case.

The defendant appealed, and insists it was error to deny a motion for mistrial after a witness for plaintiff testified that the defendant...

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