Opinion

RCI SE Services Division/Aetna Casualty & Surety v. Sisson

  • 13 Fla. L. Weekly 458
  • 527 So. 2d 824
  • 1988 Fla. App. LEXIS 659
  • 1988 WL 12549
Court
District Court of Appeal of Florida
Filed
Feb 16, 1988
Status
Published
On the bench
Booth, Nimmons, Toanos
Cited by
1 cases

The opinion

ON MOTION FOR REHEARING

PER CURIAM.

Having considered the appellee’s motion for rehearing, we grant the motion in part and amend the earlier opinion in this case to conclude by reversing the order on appeal and remanding to the deputy for the taking of further evidence on the carnation issue rather than merely reversing. We believe that the general principle applicable to this case is that where reversible error is committed with respect to the admission or exclusion of material evidence, the matter should be reversed with directions to provide a new hearing. See: 5 AmJur.2d, Appeal and Error § 974 (1962) and 5B CJ.S. Appeal & Error § 1939 (1958).

In all other respects, appellee’s motion for rehearing is denied, and our previous opinion unchanged.

BOOTH and «TOANOS, JJ., concur.

NIMMONS, J., dissents with written opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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