General Ready-Mixed Concrete v. Wheeler

4 Citing cases

  1. Grimm v. Prudence Mutual Casualty Company

    243 So. 2d 140 (Fla. 1971)   Cited 21 times
    Stating that "the merits of instructions will be judged by an examination of the complete charge and if, as a whole, the law is fairly stated the portions singled out for attack will avail the appellant nothing"

    There is voluminous authority in Florida for the rule that the merits of instructions will be judged by an examination of the complete charge and if, as a whole, the law is fairly stated the portions singled out for attack will avail the appellant nothing. Miami Transit Co. v. Dalton, 156 Fla. 485, 23 So.2d 572 (1945); Dowling v. Loftin, 72 So.2d 283 (Fla. 1954); General Ready-Mixed Concrete v. Wheeler, 55 So.2d 331 (Fla. 1951); Staff v. Soreno Hotel Co., 60 So.2d 28 (Fla. 1952); Martin v. Stone, 51 So.2d 33 (Fla. 1951); Diecidue v. State, 131 So.2d 7 (Fla. 1961). The District Court should have applied this rule in the present case.

  2. A.M. Kidder Co. v. Turner

    106 So. 2d 905 (Fla. 1958)   Cited 12 times

    Appellant further assigned as error the court's refusal to give its five requested charges. On many occasions we have held that requested instructions usually are considered in light of all instructions given by the trial court and if those instructions contained in the charges given are sufficient on the point or points in controversy, then this court will not interfere. General Ready-Mix Concrete v. Wheeler, Fla. 1951, 55 So.2d 331, 333; Register v. State, Fla. 1950, 44 So.2d 73. Applying this rule to the instant case, we conclude that the trial judge's refusal to give the requested instructions did not constitute harmful error. Appellant also assigns as error the court's charge covering a stockholder's duty to his principal and the charge on burden of proof as to defendant's affirmative defenses.

  3. Dowling v. Loftin

    72 So. 2d 283 (Fla. 1954)   Cited 11 times

    It is our duty to examine not one but all of the charges. F.S. ยง 54.23 F.S.A.; Martin v. Stone, Fla., 51 So.2d 33; Staff v. Soreno Hotel Co., Fla., 60 So.2d 28; General Ready-Mix Concrete v. Wheeler, Fla., 55 So.2d 331. In the case at Bar it may be that the charges requested by the appellants could have been simplified but an examination of the entire record, including all of the charges given, does not show that the trial resulted in a miscarriage of justice.

  4. LeSuer v. State Road Department

    231 So. 2d 265 (Fla. Dist. Ct. App. 1970)   Cited 9 times

    Grace v. State, 78 Fla. 486, 83 So. 271. The correlative rule is equally well settled that the giving or refusing to give requested instructions must be considered in the light of or in connection with the other charges which were given by the trial court. Saucer v. City of West Palm Beach, 155 Fla. 659, 21 So.2d 452 (1945); General Ready-Mixed Concrete v. Wheeler, 55 So.2d 331 (Fla. 1951); Crosby v. Stubblebine, 142 So.2d 358 (Fla.App. 1962). The foregoing decisions require us to hold that not having been provided with all of the instructions which actually were given to the jury, this court can hardly determine whether the refusal to give a specific requested instruction was error.