JEFFREY'S, INC., APPELLANT,

v.

RESTAURANTS, INC., APPELLEE

Citator

Cited By

• Purvis v. Inter-County Tel. & Tel. Co., 173 So. 2d 679 (Fla. 1965)
  …reversible error is found which affects only the issue of liability in the trial court, but does not touch upon the issue of damages, the decision below in this regard conflicts with the case of Larrabee v. Capeletti Bros., Inc. (Fla.App.3rd, 1963), 158 So. 2d 540, since the District Court of Appeal remanded this case for a new trial not only upon the issue of liability of the defendant-respondent, but also on the issue of damages. [*681] Petitioner also contends there is conflict between the decision below a…
• Royal Indem. Co. v. Phillip J. Muscato et ux., 305 So. 2d 228 (Fla. 4th DCA 1974)
  …ial effect on the amount of damages awarded by the jury. We believe a new trial limited to the issue of liability is proper and would not cause confusion, inconvenience, or prejudice to the rights of any party. See Larrabee v. Capeletti Bros., Inc., 158 So. 2d 540 (Fla.App.1963); Eggers v. Narron, 254 So. 2d 382 (Fla.App.1971), cert. dismissed, 263 So. 2d 213 (Fla.1972). We have considered all remaining points raised on appeal by the several parties and determine them to be without merit. Accordingly, the f…
• D.R. Mead & Co. v. Cheshire OF Fla., Inc., 489 So. 2d 830 (Fla. 3d DCA 1986)
  …ire, which resolved these points in its favor. Moreover, since there is no other error which may have affected that verdict, there is no reason why the issue of defendants’ liability vel non need be retried. See Larrabee v. Capeletti Brothers, Inc., 158 So. 2d 540 (Fla. 3d DCA 1963). Hence, the new trial required by this opinion shall be confined to the issues of arson and damages.4 Reversed and remanded with directions. . The trial judge also struck the defense that Cheshire had submitted a fraudulently ov…

Authorities Cited

• Spear v. MacDONALD, 67 So. 2d 630 (Fla. 1953)
• Coble v. Agnew, 128 So. 2d 158 (Fla. 2d DCA 1961)
• Lottie A. Roberts v. Pfeiffer, 135 So. 2d 246 (Fla. 2d DCA 1961)