SCHOOL BOARD OF BROWARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ET AL., PETITIONERS,

v.

DONALD KEVIN BUDAU, A MINOR, BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN AND NEXT FRIEND, GLORIA J. JORDAN, AND GLORIA J. JORDAN, INDIVIDUALLY, RESPONDENTS

Citator

Cited By

• Cowart v. Kendall United Methodist Church & Atl. Mut. Ins. Co., 476 So. 2d 289 (Fla. 3d DCA 1985)
  …nd the prevention of a possible double recovery require that any ' new trial be held as to both of their damage claims, rather than Mr. Cowart’s alone. Vega, supra; Shank, supra; Noll v. Byorick, 108 So. 2d 67 (Fla. 3d DCA 1959); Coppola v. Ballard, 314 So. 2d 6 (Fla. 4th DCA 1975); see also Timmy Woods Beverly Hills, Ltd. v. Greenwald, 475 So. 2d 256 (Fla. 3d DCA 1985); Air Florida, Inc. v. Hobbs, 477 So. 2d 40 (Fla. 3d DCA 1985); compare Cedars of Lebanon Hospital Corp. v. Silva, 476 So. 2d 696 (Fla. 3d D…
• Hagens v. Hilston, 388 So. 2d 1379 (Fla. 2d DCA 1980)
  …ements of damage included in the other’s verdict are not re-awarded in the second trial. To avoid the risk of assessing double damages, where a new trial is required for either party, a new trial must be ordered for both parties. Coppola v. Ballard, 314 So. 2d 6 (Fla. 4th DCA 1975); McNash v. Oxenhandler, 288 So. 2d 304 (Fla. 4th DCA 1974). Where the evidence presented by one spouse and relied upon by the jury as the basis for its award of damages clearly differs from the evidence presented by the other sp…
• Webber v. Jordan, 366 So. 2d 51 (Fla. 2d DCA 1978)
  …’s response that medical expenses were specifically included within the wife’s award. Moreover, unlike Noll, the defendants here do not seek a retrial of the wife’s claims. Essentially the same reasoning leads us to conclude that Coppola v. Ballard, 314 So. 2d 6 (Fla.4th DCA 1975), and McNash v. Oxenhandler, 288 So. 2d 304 (Fla.4th DCA 1974), are not on point. We find the plaintiffs’ technical argument that the medical expenses should have been included in the husband’s verdict rather than in the wife’s ve…

Authorities Cited

• Humphrey v. Seminole Cnty. Court, 309 So. 2d 234 (Fla. 4th DCA 1975)
• Solitron Devices, Inc. v. Reiland, 311 So. 2d 729 (Fla. 4th DCA 1975)