Fulton Distributing Co. of Florida v. First National Bank of Eau Gallie

District Court of Appeal of Florida

Fulton Distributing Co. of Florida v. First National Bank of Eau Gallie

301 So. 2d 116, 1974 Fla. App. LEXIS 8526

CourtDistrict Court of Appeal of Florida

DecidedOctober 4, 1974

DocketNo. 73-922

StatusPublished

This text of 301 So. 2d 116 (Fulton Distributing Co. of Florida v. First National Bank of Eau Gallie) 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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Fulton Distributing Co. of Florida v. First National Bank of Eau Gallie, 301 So. 2d 116, 1974 Fla. App. LEXIS 8526 (Fla. Ct. App. 1974).

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PER CURIAM.

Upon review of the record on appeal and after consideration of the briefs and oral arguments for the respective parties, we determine that the trial court’s erroneous instruction to the jury concerning comparative negligence constituted error harmful [117]*117to the appellant-plaintiff, Fulton Distributing Company of Florida. The trial court was required to instruct the jury on the rule of comparative negligence as delineated- in Hoffman v. Jones, 280 So.2d 431 (Fla.1973). Accordingly, the judgment in favor of the appellee-defendant, First National Bank of Eau Gallie, is reversed and the cause remanded for new trial.

Reversed and remanded.

CROSS and DOWNEY, JJ., concur. OWEN, C. J., dissents with opinion.

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PER CURIAM.

Upon review of the record on appeal and after consideration of the briefs and oral arguments for the respective parties, we determine that the trial court’s erroneous instruction to the jury concerning comparative negligence constituted error harmful [117]*117to the appellant-plaintiff, Fulton Distributing Company of Florida. The trial court was required to instruct the jury on the rule of comparative negligence as delineated- in Hoffman v. Jones, 280 So.2d 431 (Fla.1973). Accordingly, the judgment in favor of the appellee-defendant, First National Bank of Eau Gallie, is reversed and the cause remanded for new trial.

Reversed and remanded.

CROSS and DOWNEY, JJ., concur. OWEN, C. J., dissents with opinion.

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301 So. 2d 116, 1974 Fla. App. LEXIS 8526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fulton-distributing-co-of-florida-v-first-national-bank-of-eau-gallie-fladistctapp-1974.

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