Opinion
No. W-325.
May 13, 1975. Rehearing Denied June 5, 1975.
Petition for review from the Circuit Court, Duval County, John A. Santora, J.
Barry L. Zisser, of Zisser Robinson, Jacksonville, for appellant.
James L. Powers, of Powers, Folsom Adams, and Richard E. Deane, Jacksonville, for appellees.
Appellant, defendant in the trial court, seeks review of a final judgment entered on a jury verdict, raising four points for our consideration. Our review of the lengthy record and excellent briefs filed by the parties reveals that each point so raised by appellant relates to matters which fall within the ambit of the authority of the trial judge incident to conduct of the trial. In either instance, had the learned trial judge ruled contra such would not be considered error. On the other hand, the ruling that he elected to make in each instance was, as above stated, within his authority, and did not constitute error. It is not our providence to substitute our conclusions for those of the trial judge.
Prejudicial error not having been demonstrated, the final judgment appealed is
Affirmed.
BOYER, Acting C.J., and JOHNSON, J., concur.
McCORD, J., specially concurs.
I concur in affirmance and consider there was no reversible error in the contested rulings of the trial judge. I neither agree nor disagree that the trial judge could have ruled to the contrary in each instance, and it would not be considered error.