CHESTER R. MORRISEY, JR., ET UX., PETITIONERS,
v.
THOMAS M. OWEN, ET AL., RESPONDENTS

Fla. | 2002-10-17
No. SC01-2430
ANSTEAD, C.J., SHAW and WELLS, JJ., and HARDING, Senior Justice, concur., LEWIS and QUINCE, JJ., dissent., PARIENTE, J., recused.
831 So. 2d 142 Florida Supreme Court (2002) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We originally accepted jurisdiction to review Owen v. Morrisey, 793 So. 2d 1018 (Fla. 4th DCA 2001), pursuant to article V, section 3(b)(3), of the Florida Constitution. After further consideration, we have determined that jurisdiction was improvidently granted.

Accordingly, this case is hereby dismissed.

It is so ordered.

ANSTEAD, C.J., SHAW and WELLS, JJ., and HARDING, Senior Justice, concur. LEWIS and QUINCE, JJ., dissent.

PARIENTE, J., recused.


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  • Fla. Dep't OF Transp. v. Stewart, 844 So. 2d 773 (Fla. 4th DCA 2003)
    …the denial of appellant’s, Florida Department of Transportation (DOT), motion for a new trial. However, we write to comment on the DOT’s argument that Owen v. Morrisey, 793 So. 2d 1018 (Fla. 4th DCA 2001), review dismissed as improvidently granted, 831 So. 2d 142 (Fla.2002), stands for the proposition that an inconsistent verdict can be raised as a basis in a motion for new trial after the jury has been discharged. The DOT claims that the jury returned an inconsistent verdict on damages where the jury found…

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