City of Miami v. Bailey & Dawes

District Court of Appeal of Florida

City of Miami v. Bailey & Dawes

453 So. 2d 187, 9 Fla. L. Weekly 2145, 1984 Fla. App. LEXIS 14400

CourtDistrict Court of Appeal of Florida

DecidedJuly 24, 1984

DocketNos. 83-1535, 83-1928 and 83-2656

StatusPublished

Cited by3 cases

This text of 453 So. 2d 187 (City of Miami v. Bailey & Dawes) 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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City of Miami v. Bailey & Dawes, 453 So. 2d 187, 9 Fla. L. Weekly 2145, 1984 Fla. App. LEXIS 14400 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

After our affirmance of a summary judgment on liability in favor of the plaintiff law firm, City of Miami v. Bailey & Dawes, 423 So.2d 606 (Fla. 3d DCA 1982), a jury trial to assess the reasonable fee to which it was entitled ended with a verdict of $175,000. A careful review of the record in the light of the points raised on this appeal from the consequent judgment shows that the defendant city has failed to demonstrate that harmful error in fact occurred or that it preserved its present contentions to that effect below. Hercules, Inc. v. Coto, 434 So.2d 4 (Fla. 3d DCA 1983), rev. denied, 441 So.2d 632 (Fla.1983); Sears Roebuck & Co. v. Jackson, 433 So.2d 1319 (Fla. 3d DCA 1983); Stowe v. Walker Builders Supply, Inc., 431 So.2d 180 (Fla. 2d DCA 1983); Metropolitan Dade County v. Brill, 414 So.2d 626 (Fla. 3d DCA 1982); Page v. Cory Corp., 347 So.2d 817 (Fla. 3d DCA 1977).

We likewise find that the lower court’s order assessing prejudgment interest, entered pursuant to a stipulated reservation of jurisdiction for that purpose after the city had taken this appeal from the final judgment, was both procedurally and substantively correct. Bailey v. Bailey, 392 So.2d 49 (Fla. 3d DCA 1981); Huntley v. Baya, 136 So.2d 248 (Fla. 3d DCA 1962), cert. denied, 143 So.2d 492 (Fla.1962).

Affirmed.

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PER CURIAM.

After our affirmance of a summary judgment on liability in favor of the plaintiff law firm, City of Miami v. Bailey & Dawes, 423 So.2d 606 (Fla. 3d DCA 1982), a jury trial to assess the reasonable fee to which it was entitled ended with a verdict of $175,000. A careful review of the record in the light of the points raised on this appeal from the consequent judgment shows that the defendant city has failed to demonstrate that harmful error in fact occurred or that it preserved its present contentions to that effect below. Hercules, Inc. v. Coto, 434 So.2d 4 (Fla. 3d DCA 1983), rev. denied, 441 So.2d 632 (Fla.1983); Sears Roebuck & Co. v. Jackson, 433 So.2d 1319 (Fla. 3d DCA 1983); Stowe v. Walker Builders Supply, Inc., 431 So.2d 180 (Fla. 2d DCA 1983); Metropolitan Dade County v. Brill, 414 So.2d 626 (Fla. 3d DCA 1982); Page v. Cory Corp., 347 So.2d 817 (Fla. 3d DCA 1977).

We likewise find that the lower court’s order assessing prejudgment interest, entered pursuant to a stipulated reservation of jurisdiction for that purpose after the city had taken this appeal from the final judgment, was both procedurally and substantively correct. Bailey v. Bailey, 392 So.2d 49 (Fla. 3d DCA 1981); Huntley v. Baya, 136 So.2d 248 (Fla. 3d DCA 1962), cert. denied, 143 So.2d 492 (Fla.1962).

Affirmed.

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453 So. 2d 187, 9 Fla. L. Weekly 2145, 1984 Fla. App. LEXIS 14400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-v-bailey-dawes-fladistctapp-1984.

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