City of Miami v. Guzman

District Court of Appeal of Florida

City of Miami v. Guzman

111 So. 3d 187, 2013 WL 238229, 2013 Fla. App. LEXIS 944

CourtDistrict Court of Appeal of Florida

DecidedJanuary 23, 2013

DocketNo. 3D12-811

StatusPublished

This text of 111 So. 3d 187 (City of Miami v. Guzman) 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 Miami v. Guzman, 111 So. 3d 187, 2013 WL 238229, 2013 Fla. App. LEXIS 944 (Fla. Ct. App. 2013).

Pincite

Opinion

PER CURIAM.

The appellees sued the City of Miami on behalf of their child and in their individual capacity and received a $479,962.00 jury award. Pursuant to section 768.28(5), Florida Statutes (2010), the maximum damages that the City of Miami is required to pay per claim by any one person is $100,000.00. The City of Miami appeals the trial court’s order compelling two $100,000.00 payments to appellees in both their individual capacity and representative capacity. The City of Miami also appeals the trial court’s order denying its motion to correct the final judgment pursuant to Rule 1.540(a) of the Florida Rules of Civil Procedure.

Although the appellees included both their representative and individual claims in their complaint, the appellees’ claim in their individual capacity was not argued at trial and was thus not before the jury. The appellees’ individual claim was also not noted anywhere on the verdict form. Therefore, it was a mistake to include “Plaintiffs” instead of “Plaintiff’ on the final judgment. The final judgment should be corrected to reflect the singular award in favor of the appellees in their representative capacity on behalf of their child.

We reverse with instructions that the trial court correct the final judgment in accordance with the foregoing, and we vacate the order compelling payment of damages for the appellees’ individual claim.

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

PER CURIAM.

The appellees sued the City of Miami on behalf of their child and in their individual capacity and received a $479,962.00 jury award. Pursuant to section 768.28(5), Florida Statutes (2010), the maximum damages that the City of Miami is required to pay per claim by any one person is $100,000.00. The City of Miami appeals the trial court’s order compelling two $100,000.00 payments to appellees in both their individual capacity and representative capacity. The City of Miami also appeals the trial court’s order denying its motion to correct the final judgment pursuant to Rule 1.540(a) of the Florida Rules of Civil Procedure.

Although the appellees included both their representative and individual claims in their complaint, the appellees’ claim in their individual capacity was not argued at trial and was thus not before the jury. The appellees’ individual claim was also not noted anywhere on the verdict form. Therefore, it was a mistake to include “Plaintiffs” instead of “Plaintiff’ on the final judgment. The final judgment should be corrected to reflect the singular award in favor of the appellees in their representative capacity on behalf of their child.

We reverse with instructions that the trial court correct the final judgment in accordance with the foregoing, and we vacate the order compelling payment of damages for the appellees’ individual claim.

Cite This Page — Counsel Stack

Bluebook (online)

111 So. 3d 187, 2013 WL 238229, 2013 Fla. App. LEXIS 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-v-guzman-fladistctapp-2013.