City of Hialeah v. Crespo

District Court of Appeal of Florida

City of Hialeah v. Crespo

786 So. 2d 42, 2001 WL 484135

CourtDistrict Court of Appeal of Florida

DecidedMay 9, 2001

DocketNo. 3D00-0821

StatusPublished

This text of 786 So. 2d 42 (City of Hialeah v. Crespo) 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

City of Hialeah v. Crespo, 786 So. 2d 42, 2001 WL 484135 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

We affirm the trial court’s order granting appellee, Andrea Crespo, a new trial to determine liability on the cause of action for negligent retention in her consortium claim.¹ Because the new evidence only concerns liability, the trial court correctly determined that the previously determined damages need not be retried. See Griefer v. DiPietro, 625 So.2d 1226 (Fla. 4th DCA 1993).

The appellee has timely filed a motion for appellate legal fees. This court grants the motion contingent upon the appellee prevailing below, leaving the determination of the amount to the trial court, as is authorized by Florida Rule of Appellate Procedure 9.400(b). Accordingly, we remand the assessment of appellate attorney’s fees to the trial court to determine upon conclusion of the trial below.

Affirmed and remanded.

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PER CURIAM.

We affirm the trial court’s order granting appellee, Andrea Crespo, a new trial to determine liability on the cause of action for negligent retention in her consortium claim.¹ Because the new evidence only concerns liability, the trial court correctly determined that the previously determined damages need not be retried. See Griefer v. DiPietro, 625 So.2d 1226 (Fla. 4th DCA 1993).

The appellee has timely filed a motion for appellate legal fees. This court grants the motion contingent upon the appellee prevailing below, leaving the determination of the amount to the trial court, as is authorized by Florida Rule of Appellate Procedure 9.400(b). Accordingly, we remand the assessment of appellate attorney’s fees to the trial court to determine upon conclusion of the trial below.

Affirmed and remanded.

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Bluebook (online)

786 So. 2d 42, 2001 WL 484135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-hialeah-v-crespo-fladistctapp-2001.

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