ROBERT EDWARD O'LEARY AND OLIVE E. SCHMIDT, APPELLANTS,
v.
JOHN W. WATSON AND HELEN E. WATSON, A MINOR BY AND THROUGH HER NEXT FRIEND AND GUARDIAN, JOHN W. WATSON, APPELLEES
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The court held that plaintiffs appealing an inadequate verdict must first file a motion for new trial in the trial court. The court also held that a jury instruction on aggravation of a pre-existing condition was not warranted by the evidence.
Plaintiffs sued for personal injuries, admitting liability and proceeding to trial on damages. Separate verdicts were rendered for the plaintiffs, who…
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The appellants separately filed actions against the driver and the owner of an automobile, for damages for personal injuries alleged to have been proximately caused by negligence of the defendant driver. Liability was admitted, and trial was had on issues relating to damages. Separate verdicts were rendered for the plaintiffs. Judgments were entered thereon and the plaintiffs appealed. Each of the appellants claims insufficiency of the evidence to sustain the verdict and judgment in the amount rendered because of inadequacy of the verdict. No motion for new trial was filed.
In Malec v. Halter, Fla.App.1969, 216 So.2d 782, with regard to necessity for the filing of a motion for new trial, as. a condition for a successful plaintiff to urge inadequacy of a verdict, this court said:
“At common law, the prevailing party plaintiff could not seek review of a favorable verdict. This has been modified in this State by judicial rulings. Paul v. Kanter, Fla.App.1963, 155 So.2d 402; 2 Fla.Jur., Appeals, § 10. A condition permitting a plaintiff [recovering a favorable verdict] to seek appellate review is that a motion for new trial be addressed to the trial court urging inadequacy of the verdict. Guarria v. State Road Department of Florida, Fla.App.1960, 117 So.2d 5; Paul v. Kanter, supra. * * ”
The appellant Olive E. Schmidt made the additional contention that the trial court committed error by failing to charge on aggravation of a pre-existing condition or injury. The trial court concluded, and we agree, that such charge was not indicated on the evidence.
No reversible error having been shown, the judgments are affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Tabasky v. Dreyfuss, 350 So. 2d 520 (Fla. 3d DCA 1977)…iff failed to include a specific allegation that the verdict was inadequate as required and, therefore, again is precluded from raising this issue for the first time on appeal. See Paul v. Ranter, 155 So. 2d 402 (Fla.3d DCA 1963); O’Leary v. Watson, 263 So. 2d 643 (Fla.3d DCA 1972). Finally, after reviewing the trial record and considering the favorable verdict for the plaintiff, we conclude that plaintiff’s argument that the introduction of the investigator’s memorandum constituted prejudicial error is, at…
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Morrison v. Bohne, 274 So. 2d 896 (Fla. 2d DCA 1973)…new trial urging the inadequacy of the verdict, and therefore may not seek appellate review of his favorable judgment; Paul v. Kanter, Fla.App.1963, 155 So. 2d 402; Malec v. Halter, Fla.App.1968, 216 So. 2d 782; and O’Leary v. Watson, Fla.App.1972, 263 So. 2d 643. Joseph D. Morrison’s assignment of error recites: 1. The lower court erred in denying the motion for new trial as to Joseph D. Morrison by Order dated October 6, 1971, and filed in the records of the Clerk of the Circuit Court of Pinellas County…
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Vega v. Cosmopolitan Mut. Ins. Co., 336 So. 2d 660 (Fla. 3d DCA 1976)…y of the verdict was not presented to the trial court. The judgment must be affirmed upon the authority of the rule stated in Morrison v. Bohne, Fla.App.1973, 274 So. 2d 896, and authorities cited therein. See also: O’Leary v. Watson, Fla.App.1972, 263 So. 2d 643; Malec v. Halter, Fla.App.1968, 216 So. 2d 782; Tampa Transit Lines, Inc. v. Smith, Fla.App.1963, 155 So. 2d 557. Affirmed.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fay S. Paul v. Risa Bonnie Kanter & the Hertz Corp., 155 So. 2d 402 (Fla. 3d DCA 1963)
- Guarria v. Duke, Jr., 117 So. 2d 5 (Fla. 3d DCA 1960)
- Malec v. Millicent Halter, 216 So. 2d 782 (Fla. 3d DCA 1968)