CITY OF HOMESTEAD D/B/A JAMES ARCHER SMITH HOSPITAL, APPELLANT/CROSS-APPELLEE,
v.
JOAQUIN AND MARIA MARTINS, AS PARENTS AND GUARDIANS OF BRIAN MARTINS, A MINOR, APPELLEES/CROSS-APPELLANTS; JOAQUIN AND MARIA MARTINS, AS PARENTS AND GUARDIANS OF BRIAN MARTINS, A MINOR, APPELLANTS, V. CITY OF HOMESTEAD D/B/A JAMES ARCHER SMITH HOSPITAL, HIMAMSHUSHEKAR N. SASTRY, M.D., AND RONALD BLUM, M.D., APPELLEES

Fla. 3d DCA | 1994-11-23
Nos. 92-1260, 92-684
Before SCHWARTZ, C.J., and BASKIN and GREEN, JJ.
645 So. 2d 187 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant/Cross-Appellee City, of Homestead d/b/a James Archer Smith Hospital [Hospital] appeals a final judgment and post-trial order denying motion for remittitur/new trial. Joaquin and Maria Martins cross-appeal. We reverse on appeal and affirm on cross-appeal.

Hospital correctly argues that pursuant to Fabre v. Marin, 623 So. 2d 1182 (Fla.1993), the trial court erred in entering a judgment against Hospital for an amount exceeding the percentage of liability apportioned to it by the jury. We reverse the judgment and remand for entry of judgment against Hospital in the proportionate amount of liability reflected by the jury’s finding.

The remaining points on appeal and cross-appeal lack merit.

Reversed and remanded.


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