STATE OF FLORIDA, APPELLANT,

v.

JAMES JOSEPH ERP AND JOSEPH J. MURPHY, APPELLEE

Citator

Cited By (14 total)

• Cowart v. Kendall United Methodist Church & Atl. Mut. Ins. Co., 476 So. 2d 289 (Fla. 3d DCA 1985)
  …has conceded that, as a result of the plaintiffs’ counsel’s request for the jury to do so in final argument, it likely included the medical expenses, which the husband was technically entitled to recover, in the wife’s verdict. See Webber v. Jordan, 366 So. 2d 51 (Fla. 2d DCA 1979), cert. denied, 374 So. 2d 102 (Fla.1979). In an attempt to confine any new trial to the husband's case alone, rather than in the wife’s as well, Cowart thus restricts his new trial request to one which would concern only the eleme…
• Albritton v. State Farm Mut. Auto. Ins. Co. & Cheryl Lee Dannels, 382 So. 2d 1267 (Fla. 2d DCA 1980)
  …ove. In view of the testimony offered by Mrs. Albritton and unrebutted by appellees, we are of the opinion that Mrs. Albritton was entitled to receive at least nominal damages. Shaw v. Peterson, 376 So. 2d 433 (Fla. 1st DCA 1979); Webber v. Jordan, 366 So. 2d 51 (Fla. 2d DCA 1978). For this reason, we reverse the zero dollar award to Mrs. Albritton and remand this cause for a new trial solely on the issue of damages as they pertain to her action for loss of consortium and services. AFFIRMED IN PART, REVERS…
• Hagens v. Hilston, 388 So. 2d 1379 (Fla. 2d DCA 1980)
  …by the former spouse in a new trial on the issue of damages. Accordingly, in such a case, there is no risk that a particular element of damage is susceptible of being awarded twice and a new trial for both spouses is not required. Webber v. Jordan, 366 So. 2d 51 (Fla. 2d DCA 1979); Thieneman v. Cameron, 126 So. 2d 170 (Fla. 3d DCA 1961). In the case before us, the husband’s evidence consisted of medical testimony concerning the nature of his injury, the expenses he incurred in receiving treatment, his disc…

Authorities Cited

• United States v. Chadwick, 433 U.S. 1 (U.S. 1977)