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Atwood v. Hendrix

District Court of Appeal of Florida, First District
Oct 25, 1983
439 So. 2d 973 (Fla. Dist. Ct. App. 1983)

Opinion

No. AS-62.

October 25, 1983.

Appeal from the Circuit Court for Okaloosa County, Clyde B. Wells, J.

Kathleen V. McCarthy, Hialeah, for appellants.

Norton Bond, Pensacola, for appellee.


The issue in this appeal is whether the trial court erred when it failed to find that Hendrix, the plaintiff below, was guilty of comparative negligence as a matter of law for running in the dark in a strange and unfamiliar area. The record shows, however, that this issue was never raised below. Issues not presented to the trial court will not be considered for the first time on appeal. Dober v. Worrell, 401 So.2d 1322 (Fla. 1981).

AFFIRMED.

SHIVERS and ZEHMER, JJ., concur.


Summaries of

Atwood v. Hendrix

District Court of Appeal of Florida, First District
Oct 25, 1983
439 So. 2d 973 (Fla. Dist. Ct. App. 1983)
Case details for

Atwood v. Hendrix

Case Details

Full title:CHARLES ATWOOD D/B/A MIRACLE STRIP SECURITY SERVICE AND KENT INSURANCE…

Court:District Court of Appeal of Florida, First District

Date published: Oct 25, 1983

Citations

439 So. 2d 973 (Fla. Dist. Ct. App. 1983)

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