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Burke v. Dade County

District Court of Appeal of Florida, Third District
Dec 2, 1980
390 So. 2d 797 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-338.

December 2, 1980.

Appeal from Circuit Court, Dade County; Jack M. Turner, Judge.

Colson Hicks and Bill Hoppe, Miami, for appellant.

Robert A. Ginsburg, County Atty., and Robert L. Blake, Asst. County Atty., for appellees.

Before BARKDULL, HENDRY and BASKIN, JJ.


We affirm the trial court's refusal to instruct the jury regarding a statute not brought into issue by the evidence: Testimony established that the vehicle in question was stopped for traffic, rather than for the pedestrian (plaintiff). But see § 316.130, Fla. Stat. (1977).

We similarly affirm the court's denial of plaintiff's motion for directed verdict. See Stresscon International, Inc. v. Helms, 390 So.2d 139 (Fla. 3d DCA 1980).

Affirmed.


Summaries of

Burke v. Dade County

District Court of Appeal of Florida, Third District
Dec 2, 1980
390 So. 2d 797 (Fla. Dist. Ct. App. 1980)
Case details for

Burke v. Dade County

Case Details

Full title:STEVEN BURKE, APPELLANT, v. DADE COUNTY, A POLITICAL SUBDIVISION OF THE…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 2, 1980

Citations

390 So. 2d 797 (Fla. Dist. Ct. App. 1980)