Averett v. Fender

District Court of Appeal of Florida

Averett v. Fender

709 So. 2d 649, 1998 Fla. App. LEXIS 5198, 1998 WL 226142

CourtDistrict Court of Appeal of Florida

DecidedMay 8, 1998

DocketNo. 97-01081

StatusPublished

This text of 709 So. 2d 649 (Averett v. Fender) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Averett v. Fender, 709 So. 2d 649, 1998 Fla. App. LEXIS 5198, 1998 WL 226142 (Fla. Ct. App. 1998).

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Opinion

CASANUEVA, Judge.

In this negligence action, the appellees, Anna and Otis Fender, have conceded that the trial court erred in failing to reduce the loss of consortium award to Otis Fender by the percentage of Anna Fender’s negligence. See City of Coral Gables v. Prats, 502 So.2d 969 (Fla. 3d DCA 1987). We direct the court to do so on remand. In all other respects, the judgment is affirmed.

FRANK, A.C.J., and THREADGILL, J., concur.

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CASANUEVA, Judge.

In this negligence action, the appellees, Anna and Otis Fender, have conceded that the trial court erred in failing to reduce the loss of consortium award to Otis Fender by the percentage of Anna Fender’s negligence. See City of Coral Gables v. Prats, 502 So.2d 969 (Fla. 3d DCA 1987). We direct the court to do so on remand. In all other respects, the judgment is affirmed.

FRANK, A.C.J., and THREADGILL, J., concur.

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Bluebook (online)

709 So. 2d 649, 1998 Fla. App. LEXIS 5198, 1998 WL 226142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/averett-v-fender-fladistctapp-1998.

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