DIAZ v. RODRIGUEZ

No. 79-1215.

384 So.2d 906 (1980)

Bismark DIAZ and Bis D. Corporation, Etc., Appellants, v. Osmel R. RODRIGUEZ, et Ux., Appellees.

District Court of Appeal of Florida, Third District.

As Modified On Denial of Rehearing July 7, 1980.


Attorney(s) appearing for the Case

Daniels & Hicks and Mark Hicks; Roger A. Bridges; Sams, Gerstein & Ward and Murray Sams, Jr., Miami, for appellants.

Keith, Mack, Lewis & Allison and John R. Allison, III, and Kim R. Blackman, Miami, for appellees.

Before SCHWARTZ and DANIEL PEARSON, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.


SCHWARTZ, Judge.

The appellants-defendants claim error in the fact that allegedly relevant testimony of a witness they called at trial was not presented to the jury. We do not reach the merits of this contention because the issue was not properly preserved below. The record shows that the defendants acquiesced to the trial court's preliminary indication of a ruling by voluntarily withdrawing the witness from the stand; 3...

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