BLANCHE LEIGH TUVIN, APPELLANT,

v.

THE FIRST NATIONAL BANK OF HOLLYWOOD, TRUSTEE, APPELLEE

Citator

Cited By

• Rease v. Anheuser-Busch, Inc., 644 So. 2d 1383 (Fla. 1st DCA 1994)
  …ial compensation received by the plaintiff injured party from a collateral source wholly independent of the defendant wrongdoer will not operate to lessen the damages otherwise due to the plaintiff from the defendant wrongdoer." Hartnett v. Riveron, 361 So. 2d 749, 751 (Fla. 3d DCA 1978). The Florida Supreme Court has explained that while the rule functions generally as a rule of damages, it can also function as a rule of evidence. See Gormley v. GTE Products Corp., 587 So. 2d 455 (Fla.1991). As a rule of evi…
• Citizens Prop. Ins. Corp. v. Ashe, 50 So. 3d 645 (Fla. 1st DCA 2010)
  …laintiff from a collateral source wholly independent of the defendant wrongdoer will not operate to lessen the damages otherwise due. 43 So. 3d at 751. As noted in Hamilton, that footnote cites to the Third District’s opinion in Hartnett v. Riveron, 361 So. 2d 749 (Fla. 3d DCA 1978). In Hartnett, the Third District held that evidence that the Florida Insurance Guaranty Association paid the plaintiffs claim in full was not barred by the collateral source rule on the issue of damages. Id. at 750-51. Subsequent…

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• City OF Miami Beach v. Carner, 579 So. 2d 248 (Fla. 3d DCA 1991)
  …are equally unconvincing since they both involved insurers and the possibility of subro-gation as set out in section 768.76, Florida Statutes (1989), dealing with use of the collateral source rule in negligence cases. Likewise, Hartnett v. Riveron, 361 So. 2d 749, 751 (Fla. 3d DCA 1978), an insurance fraud case, is unavailing to Carner-Mason since the statement therein on use of the collateral source rule was clearly dicta. Based on the foregoing, the trial court erred in utilizing the collateral source rul…