STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS, APPELLANT,
v.
KEVIN NIOSI, APPELLEE

Fla. 4th DCA | 1989-11-01
No. 89-0641
GLICKSTEIN, WALDEN and GUNTHER, JJ., concur.
552 So. 2d 244 Florida District Court of Appeal, Fourth District (1989) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

While appellant raises two issues, we conclude one of the issues to be determinative, thereby eliminating the necessity for consideration of the other. The jury concluded that the plaintiff suffered no injury, therefore, he was entitled to only nominal damages. Accordingly, we reverse the judgment awarding $20,000 in damages and remand with direction to enter a new judgment reducing the award amount for the plaintiff to nominal damages only.

GLICKSTEIN, WALDEN and GUNTHER, JJ., concur.

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  • State v. Niosi, 583 So. 2d 441 (Fla. 4th DCA 1991)
    …PER CURIAM. This case was before this court previously (see State v. Niosi, 552 So. 2d 244 (Fla. 4th DCA 1989)), and this court did then reverse the award of damages in the sum of $20,000.00 and remand with the instruction to reduce the award “to nominal damages only.” Upon remand the trial court reduced the damage award to $750.00. Appel…

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