City of Opa-Locka, Florida v. Universal Waste Services of Florida, Inc.

• Court: District Court of Appeal of Florida
• Decided: August 28, 2024
• Docket: 2023-0675
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 28, 2024. Not final until disposition of timely filed motion for rehearing.

No. 3D23-0675 Lower Tribunal No. 17-1268

City of Opa-Locka, Florida, Appellant,

vs.

Universal Waste Services of Florida, Inc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Vivianne Del Rio, Judge.

Holland & Knight LLP, Christopher Bellows, Pedro Gassant, and Miguel de Grandy, for appellant.

Kuehne Davis Law, P.A., Johan Dos Santos, Michael T. Davis, and Benedict P. Kuehne; Reiner & Reiner, P.A., and David P. Reiner II; Michael A. Pizzi, Jr., P.A., and Michael A. Pizzi, Jr., for appellee.

Before FERNANDEZ, LINDSEY and MILLER, JJ.

PER CURIAM. Affirmed. Florida Dept. of Transp. v. Steward, 844 So. 2d 773, 774 (Fla

4th DCA 2003) (in a case of an inconsistent jury verdict, “the party claiming

inconsistency must raise the issue before the jury is discharged. If the trial

court agrees, the trial court may reinstruct the jury and send it back for further

deliberations.”); Coba v. Tricam Indus., Inc., 164 So. 3d 637, 643 (Fla. 2015)

(“This Court has long held that if no objection to the verdict is made by either

party, any defect to the form of the verdict is waived.”); Progressive Select

Ins. Co., Inc. v. Lorenzo, 49 So. 3d 272, 276 (Fla. 4th DCA 2010) (“Florida

courts have required any objection to the form of the verdict to be made

before the discharge of the jury to allow correction of a correctable error. . .

. This requirement has withstood the test of time and remains the law

today.”); Berges v. Infinity Ins. Co., 896 So. 2d 665, 676 (Fla. 2004) (“[A]n

appellate court is not authorized to substitute its judgment for that of the

[jury].”).