Carriere v. Chunick Holding

• Court: District Court of Appeal of Florida
• Decided: March 13, 2017
• Docket: 5D15-3808
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

YVES K. CARRIERE,

Appellant,

v. Case No. 5D15-3808

CHUNICK HOLDINGS, LLC AND CHARLES A. HAYDEN,

Appellees.

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Opinion filed March 17, 2017

Appeal from the Circuit Court for Orange County, John Marshall Kest, Judge.

Nicholas A. Shannin, of The Shannin Law Firm, P.A., Orlando, and Eric H. Faddis, and Tiffany M. Faddis, of Faddis & Faddis, P.A., Orlando, for Appellant.

Daniel M. Schwarz, Robert A. Swift, and Scott A. Cole, of Cole Scott & Kissane, P.A., Miami, for Appellees.

PER CURIAM.

After carefully considering the record on appeal and the arguments raised in the

parties’ briefs, we conclude that the trial court properly granted directed verdicts in favor

of Defendants/Appellees Chunick Holdings, LLC and Charles A. Hayden. We also find

that there is no legal basis underlying a separate argument made by Appellant, Yves K. Carriere, that the trial court somehow erred by entering an agreed order that granted the

parties’ stipulated motion to dismiss with prejudice Appellant’s vicarious liability claims.

Accordingly, we affirm the partial final judgment entered in favor of the Appellees and

against Appellant, which concluded the litigation between those parties. By a separate

order, we will provisionally grant Appellees’ motion for appellate attorney’s fees pursuant

to section 768.79, Florida Statutes (2014), Florida Rule of Civil Procedure 1.442, and

Florida Rule of Appellate Procedure 9.400(b).

AFFIRMED.

PALMER and EDWARDS, JJ., and JACOBUS, B.W., Senior Judge, concur.