Cabezas v. Denning

District Court of Appeal of Florida

Cabezas v. Denning

695 So. 2d 821, 1997 Fla. App. LEXIS 5850, 1997 WL 280777

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 1997

DocketNo. 96-1725

StatusPublished

This text of 695 So. 2d 821 (Cabezas v. Denning) 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.

Bluebook

Cabezas v. Denning, 695 So. 2d 821, 1997 Fla. App. LEXIS 5850, 1997 WL 280777 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

In a negligence action, the jury found that the plaintiff did not suffer any injury or damages as a result of any act of the defendant. Accordingly, the plaintiff did not prevail on her cause of action which required both negligence and an injury resulting therefrom. Therefore, because the jury found that there was no nexus or causal relation between the defendant’s act and the plaintiffs injury, if any, the defendant must be deemed the prevailing party. This case is remanded back to the trial court for the trial court to determine and award costs payable by the plaintiff to the defendant. See Militana v. Ladd, 605 So.2d 580 (Fla. 3d DCA 1992). In all other respects the judgment is affirmed.

Affirmed in part; reversed in part and remanded with instructions.

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PER CURIAM.

In a negligence action, the jury found that the plaintiff did not suffer any injury or damages as a result of any act of the defendant. Accordingly, the plaintiff did not prevail on her cause of action which required both negligence and an injury resulting therefrom. Therefore, because the jury found that there was no nexus or causal relation between the defendant’s act and the plaintiffs injury, if any, the defendant must be deemed the prevailing party. This case is remanded back to the trial court for the trial court to determine and award costs payable by the plaintiff to the defendant. See Militana v. Ladd, 605 So.2d 580 (Fla. 3d DCA 1992). In all other respects the judgment is affirmed.

Affirmed in part; reversed in part and remanded with instructions.

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Bluebook (online)

695 So. 2d 821, 1997 Fla. App. LEXIS 5850, 1997 WL 280777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cabezas-v-denning-fladistctapp-1997.

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