THOMALYN E. CONLIN, A MINOR, BY AND THROUGH HER MOTHER, ELIZABETH L. CONLIN, AND ELIZABETH L. CONLIN, INDIVIDUALLY, AND WILLIAM E. SMITH, APPELLANTS,
v.
DIANA HODSON, A MINOR, BY AND THROUGH HER NEXT FRIEND AND FATHER, DOUGLAS HODSON, AND DOUGLAS HODSON, INDIVIDUALLY, APPELLEES

Fla. 2d DCA | 1966-07-15
No. 5372
ALLEN, C. J., HOBSON, J., and HOB-SON, T. FRANK, Sr., Associate Judge, concur.
188 So. 2d 870 Florida District Court of Appeal, Second District (1966)

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Synopsis

This case involves an appeal from a jury verdict and judgment. The appellate court found no reversible error in the trial court's submission of the case to the jury, affirming the judgment.


Holding

No harmful and reversible error was demonstrated on appeal. The allegations in the complaint were sufficient, and there was sufficient evidence to justify the jury's verdict.


Key Quotes

“we have concluded that harmful and therefore reversible error has not been demonstrated.”

This quote establishes the court's primary finding regarding the appeal.

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Facts & Procedural History

The complaint alleged gross negligence by Thomalyn E. Conlin and simple negligence by William E. Smith. The jury returned a verdict, and a judgment wa…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We have decided that a lengthy opinion would add nothing to the jurisprudence of this State.

. After having listened attentively to arguments of counsel for the respective parties litigant, having studiously read their briefs, and having carefully examined the entire record before us, we have concluded that harmful and therefore reversible error has not been demonstrated.

The allegations of the complaint are sufficient to charge gross negligence on the part of Thomalyn E. Conlin and actionable, simple negligence upon the part of William E. Smith. There is in this record evidence which if believed by the jury (as it obviously was) is sufficient to justify the verdict of the jury and the judgment entered pursuant thereto. The learned Circuit Judge did not err in submitting this case to the jury.

*871The oppugned judgment should be and it is hereby—

Affirmed.

ALLEN, C. J., HOBSON, J., and HOB-SON, T. FRANK, Sr., Associate Judge, concur.


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