DWINDA THOMPSON, APPELLANT,
v.
TRAVELERS INSURANCE COMPANY, NEILL ROSS MANNING AND BILL NELSON, APPELLEES
DWINDA THOMPSON, APPELLANT,
TRAVELERS INSURANCE COMPANY, NEILL ROSS MANNING AND BILL NELSON, APPELLEES
356 So. 2d 813
Florida District Court of Appeal, Fourth District (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed.
ALDERMAN, C. J., and LETTS, J., concur.
DAUKSCH, J., dissents with opinion.
Dissent
DAUKSCH, Judge,
dissenting.
I respectfully dissent. The award of the jury was wholly inadequate to cover the loss suffered by appellant as a result of the negligence of the individual appellees. In the record there is evidence that the jury misunderstood at least some of the court’s instructions and it is reasonable to believe they may not have understood all of the instructions. I would reverse judgment and award a new trial for appellant.
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Mitchell v. Leon Cnty. Sch. Bd., 591 So. 2d 1032 (Fla. 1st DCA 1991)…a case name, are inapplicable here. . Mitchell applied to this court for a stay which was denied by unpublished order. Such motions should be first directed to the lower tribu [*1034] nal. Fla.R.App.P. 9.310(a); Trombley v. Fla. Real Estate Comm'n, 356 So. 2d 813 (Fla. 4th DCA 1977).…
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MSQ Props. v. Fla. Dep't OF Health & Rehabilitative Servs., 626 So. 2d 292 (Fla. 1st DCA 1993)…ns should be required before an order is stayed and, if so, the amount of -the bond or the nature of the conditions. These determinations may require fact finding which is not a function of this court. See Trombley v. Florida Real Estate Commission, 356 So. 2d 813 (Fla. 4th DCA 1977). For the reasons described above, the appellant’s motion for stay is denied without prejudice to its right to apply to HRS for that relief. ZEHMER, C.J., and JOANOS and WEBSTER, JJ., concur. . The motion was previously denied…