Thomas Bros. v. Price & Watson

Citations

• 56 Fla. 854

Syllabus

<p>Appellate Practice — Assignments of Error Having no Basis in the Record Will Not be Considered — Evidence—Appellate Review of Sufficiency of Evidence.</p> <p>1. Assignments of error thát have no basis of fact in the record will not be considered by an appellate court.</p> <p>2. The admission of evidence without objection and without exception cannot be assigned as error.</p> <p>3. Where the defendant requests his attorney to interview another third attorney and to find out from him what his fee would be to represent the defendant in a suit pending against him, and his attorney complies with such request and promptly reports to the defendant the result of such interview, and the defendant acquiesces therein and agrees to the employment of such third attorney at the fee named in such interview, it is not error, in a suit by such third attorney against such defendant for recovery of such fee, to permit said two attorneys to testify to the result of the said interview between them.</p> <p>4. Where a motion for new trial is filed in a cause, but the transcript of record on writ of error does not affirmatively show that such motion was acted upon by the trial court, the appellate court cannot consider an assignment of error based upon the assertion that the verdict was against the weight of the evidence, and was not supported by the evidence, since such an assault upon a verdict must primarily be made in a motion for new trial, and the trial court must have primarily passed thereon.</p>