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

> District Court of Appeal of Florida · February 16, 1988 · 13 Fla. L. Weekly 458

URL: https://www.frixlaw.com/law-library/cases/7567019

## Case

- **Full name:** RCI SE SERVICES DIVISION/AETNA CASUALTY & SURETY v. James SISSON
- **Court:** District Court of Appeal of Florida
- **Decided:** February 16, 1988
- **Citations:** 13 Fla. L. Weekly 458; 527 So. 2d 824; 1988 Fla. App. LEXIS 659; 1988 WL 12549
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Booth, Nimmons, Toanos
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7567019

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7567019. Public record. Not legal advice.