CARIBE TUGBOAT CORPORATION, AND CROWLEY TOWING AND TRANSPORTATION COMPANY, APPELLANTS,
v.
DANIEL T. DUFFY, APPELLEE
CARIBE TUGBOAT CORPORATION, AND CROWLEY TOWING AND TRANSPORTATION COMPANY, APPELLANTS,
DANIEL T. DUFFY, APPELLEE
427 So. 2d 227
Florida District Court of Appeal, First District (1983)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant seeks reversal of a jury award based upon the trial court’s failure to instruct the jury as to the non-taxability of the award pursuant to the judicially stated rule of Norfolk and Western Railway Company v. Liepelt, 444 U.S. 490, 100 S.Ct. 755, 62 L.Ed.2d 689 (1980). We concede that Liepelt requires the instruction on the non-taxability of the award be given, therefore it was error to fail to do so. However, considering the evidence presented and the relative amount of the award, we find it was harmless error under the circumstances of this case.
Accordingly, the trial court’s final judgment is AFFIRMED.
SHIVERS, WENTWORTH and JOA-NOS, JJ., concur.
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Ramos v. Maximo E. Sanabria and Iliana (Jorge) Sanabria, 429 So. 2d 838 (Fla. 3d DCA 1983)…applied a “best interest of the child” test, which, while perfectly appropriate to deprive Ramos of custody of the child (an issue not here in dispute), is totally inappropriate to permanently deprive him of his parental rights. Stevens v. Johnson, 427 So. 2d 227 (Fla. 3d DCA 1983); Matter of Adoption of Cottrill, 388 So. 2d 302; Solomon v. McLucas, 382 So. 2d 339. Reversed with directions to vacate the final judgment of adoption, including the change of name of the minor, and enter judgment denying the pe…
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Gray Drugfair, Inc. v. Raven Heller & Redevco Corp., 478 So. 2d 1159 (Fla. 3d DCA 1985)…n with the overwhelming majority of the jurisdictions which have considered the issue since the Supreme Court held in Norfolk & Western R. Co. v. Liepelt, 444 U.S. 490, 100 S.Ct. 755, 62 L.Ed.2d 689 (1980), followed in Caribe Tugboat Corp. v. Duffy, 427 So. 2d 227 (Fla. 1st DCA 1983), review denied, 436 So. 2d 98 (Fla.1983), cert. denied, 464 U.S. 1041, 104 S.Ct. 706, 79 L.Ed.2d 170 (1984), that such a charge is required in an action under a federal statute, we decline to adopt Liepelt as a matter of the law…
Authorities Cited
- Norfolk & W. Ry. Co. v. Liepelt, 444 U.S. 490 (U.S. 1980)