FRANK T. WALSH AND AMERICAN MOTORISTS INSURANCE COMPANY, APPELLANTS,
v.
NELDYS T. DIAZ F/K/A NELDYS T. LOPEZ AND ROBERTO DIAZ, APPELLEES
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SCHWARTZ, ALAN R., Associate Judge.
The defendant-appellants’ sole contention on appeal is that the lower court reversibly erred in declining to submit a special interrogatory to the jury as to whether the plaintiff met the statutory no-fault threshold.1 The use of such a verdict form, however, is ordinarily for the trial judge alone to decide. Lincenberg v. Issen, 318 So. 2d 386 (Fla.1975); Frank v. Ruwitch, 318 So. 2d 188 (Fla. 3d DCA 1975). In Florida East Coast R. Co. v. Lawrence, 346 So. 2d 1012 (Fla.1977), the supreme court adopted the only exception to this rule — and then only prospectively — by requiring special verdicts on the comparative negligence issue. We are neither empowered nor inclined to impose another such mandatory requirement in the present instance. Accord, Souto v. Segal, 302 So. 2d 465, 467 (Fla. 3d DCA 1974).
AFFIRMED.
DOWNEY and DELL, JJ., concur. . Concededly, the jury was otherwise properly charged on the question in accordance with the standard jury instructions and verdict forms.
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Firmani v. Grant, 681 So. 2d 869 (Fla. 5th DCA 1996)…y to be misled into following the verdict form rather than following the jury instruction. AFFIRMED. DAUKSCH, GRIFFIN and THOMPSON, JJ., concur. . Florida East Coast Ry. Co. v. Lassiter, 58 Fla. 234, 50 So. 428, 430 (Fla.1909); Walsh v. Diaz, 409 So. 2d 1186 (Fla. 4th DCA 1982); Souto v. Segal, 302 So. 2d 465 (Fla. 3d DCA 1974).…
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RPC Corp. v. Cable Marine, Inc., 451 So. 2d 495 (Fla. 4th DCA 1984)…ites comment. The jury verdict, presumed correct in any event, is supported by the evidence. There is no “right” to have an interrogatory verdict. Thus affirmance is required by section 924.33, Florida Statutes (1983). As we said in Walsh v. Diaz, 409 So. 2d 1186 (Fla. 4th DCA 1982): The defendant-appellants’ sole contention on appeal is that the lower court [*496] reversibly erred in declining to submit a special interrogatory to the jury as to whether the plaintiff met the statutory no-fault threshold. T…
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Guess v. City OF Miramar, 889 So. 2d 840 (Fla. 4th DCA 2004)…mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty.” Essentially, Guess challenges the questions posed to the jury on the verdict form, an area in which the trial court has broad discretion. Walsh v. Diaz, 409 So. 2d 1186 (Fla. 4th DCA 1982). Here, there is no abuse of discretion where the verdict form paralleled the court’s instruction on the law- — an instruction the trial court gave at Guess’s request. See Worth v. State Farm, Fire and Cas. Co., 695 So. 2d 906, 9…
Authorities Cited
- Lincenberg v. Issen, 318 So. 2d 386 (Fla. 1975)
- Lawrence v. Fla. E. Coast Ry. Co., 346 So. 2d 1012 (Fla. 1977)
- Souto v. Segal, 302 So. 2d 465 (Fla. 3d DCA 1974)
- Frank v. Ruwitch, 318 So. 2d 188 (Fla. 3d DCA 1975)