Champelovier v. Metropolitan Dade County

District Court of Appeal of Florida

Champelovier v. Metropolitan Dade County

418 So. 2d 439, 1982 Fla. App. LEXIS 20989

CourtDistrict Court of Appeal of Florida

DecidedAugust 24, 1982

DocketNos. 81-1798, 81-1957

StatusPublished

This text of 418 So. 2d 439 (Champelovier v. Metropolitan Dade County) 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

Champelovier v. Metropolitan Dade County, 418 So. 2d 439, 1982 Fla. App. LEXIS 20989 (Fla. Ct. App. 1982).

Pincite

Opinion

PER CURIAM.

There was no error harmful to the plaintiff-appellant in the substantive judgments sought to be reviewed, which are therefore affirmed. Addressing the only viable question he raises on the merits, we find ample evidence to justify submission of the issue of contributory or comparative negligence to the jury. Seibels, Bruce & Co. v. Giddings, 264 So.2d 103 (Fla. 3d DCA 1972), cert. denied, 269 So.2d 370 (Fla.1972); Domany v. Otis Elevator Co., 369 F.2d 604 (6th Cir. 1966), cert. denied, 387 U.S. 942, 87 S.Ct. 2073, 18 L.Ed.2d 1327 (1967).

We do hold, however, as conceded at oral argument, that the trial court erroneously assessed attorney’s fees in favor of Dade County under Section 57.105, Fla.Stat. (1979). The action brought as against that defendant clearly may not properly be regarded as frivolous so as to justify such a ruling, e.g., Parkway General Hospital, Inc. v. Stern, 400 So.2d 166 (Fla. 3d DCA 1981), and the order to that effect is consequently reversed.

Affirmed in part, reversed in part.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

There was no error harmful to the plaintiff-appellant in the substantive judgments sought to be reviewed, which are therefore affirmed. Addressing the only viable question he raises on the merits, we find ample evidence to justify submission of the issue of contributory or comparative negligence to the jury. Seibels, Bruce & Co. v. Giddings, 264 So.2d 103 (Fla. 3d DCA 1972), cert. denied, 269 So.2d 370 (Fla.1972); Domany v. Otis Elevator Co., 369 F.2d 604 (6th Cir. 1966), cert. denied, 387 U.S. 942, 87 S.Ct. 2073, 18 L.Ed.2d 1327 (1967).

We do hold, however, as conceded at oral argument, that the trial court erroneously assessed attorney’s fees in favor of Dade County under Section 57.105, Fla.Stat. (1979). The action brought as against that defendant clearly may not properly be regarded as frivolous so as to justify such a ruling, e.g., Parkway General Hospital, Inc. v. Stern, 400 So.2d 166 (Fla. 3d DCA 1981), and the order to that effect is consequently reversed.

Affirmed in part, reversed in part.

Cite This Page — Counsel Stack

Bluebook (online)

418 So. 2d 439, 1982 Fla. App. LEXIS 20989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/champelovier-v-metropolitan-dade-county-fladistctapp-1982.

Opinion

Related

Cite This Page — Counsel Stack