ANNE MARIE GILBERT, APPELLANT,
v.
RICHARD WRIGHT, APPELLEE
ANNE MARIE GILBERT, APPELLANT,
RICHARD WRIGHT, APPELLEE
397 So. 2d 928
Florida District Court of Appeal, Fourth District (1981)
Positive Treatment
Cited by 22 cases
Opinion of the Court
PER CURIAM.
This is an appeal from a final judgment assessing damages against the appellant for breach of a lease appellant entered into with the appellee.- Although we find no error in the court’s judgment assessing liability against the appellant, we believe that the damages assessed should be reduced by the sum of $2,083.33. Accordingly, this cause is hereby reversed and remanded with directions that judgment be entered in favor of appellee in accord with this opinion.
LETTS, C. J., ANSTEAD, J., and STONE, BARRY J., Associate Judge, concur.
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Cedars OF Lebanon Hosp. Corp. v. Orlando Silva, M.D., 476 So. 2d 696 (Fla. 3d DCA 1985)…stlewood International Corp., 383 So. 2d 618 (Fla.1980); Colonial Stores, Inc. v. Scarbrough, 355 So. 2d 1181 (Fla.1978); Florida East Coast Railway Co. v. Gonsiorowski, 418 So. 2d 382 (Fla. 4th DCA 1982). See Allstate Insurance Co. v. A.D.H., Inc., 397 So. 2d 928 (Fla. 3d DCA 1981); Rosenfelt v. Hall, 387 So. 2d 544 (Fla. 5th DCA 1980). The only remaining matter which, in our view, warrants specific mention is the appellants’ contention that the trial court wrongfully precluded them from introducing testimon…
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Krug v. Meros, 468 So. 2d 299 (Fla. 2d DCA 1985)…esearch, Inc. v. Stetson, 444 So. 2d 973 (Fla. 4th DCA 1983), petition for review denied, 453 So. 2d 45 (Fla.1984); Freehling v. MGIC Financial Corp., 437 So. 2d 191 (Fla. 4th DCA 1983); Sun State Roofing Co.; Allstate Insurance Co. v. A.D.H., Inc., 397 So. 2d 928 (Fla. 3d DCA 1981); Seaboard Coast Line R.R. v. Industrial Contracting Co.; Stone. On this record, Meros has not, at least at this posture of the case, met his burden. He has no way of conclusively proving, and we do not know, that the issue of Krug…
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Skidmore v. The Volpe Constr. Co., Inc., 511 So. 2d 642 (Fla. 3d DCA 1987)…t of collateral estoppel, Volpe had to demonstrate identity of the issues and of the parties or their privies. Krug v. Meros, 468 So. 2d 299, 302 (Fla. 2d DCA), review denied, 480 So. 2d 1295 (Fla.1985); Freehling; Allstate Ins. Co. v. A.D.H., Inc., 397 So. 2d 928 (Fla. 3d DCA 1981). To meet that burden Volpe relied on the disposition reached in an earlier action culminating in a decision against U.S. Development on the guardrail claim. However, the final judgment in Dixie Metal Prod., Inc. v. U.S. Dev. Corp.…
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