Gonzalez v. Garcia

District Court of Appeal of Florida

Gonzalez v. Garcia

417 So. 2d 780, 1982 Fla. App. LEXIS 20742

CourtDistrict Court of Appeal of Florida

DecidedAugust 3, 1982

DocketNo. 82-12

StatusPublished

This text of 417 So. 2d 780 (Gonzalez v. Garcia) 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

Gonzalez v. Garcia, 417 So. 2d 780, 1982 Fla. App. LEXIS 20742 (Fla. Ct. App. 1982).

Pincite

Opinion

PER CURIAM.

Relying on Chapman v. Dillon, 404 So.2d 354 (Fla. 5th DCA 1981) the trial court refused to give a jury instruction on the Florida “no fault” threshold. Although the trial court may have been within its discretion at the time of the ruling, after the Supreme Court of Florida quashed the above cited opinion in Chapman v. Dillon, 415 So.2d 12 (Fla.1982), the denial of the instruction requested was error; therefore, the final judgment under review is reversed and remanded to the trial court for a new trial on all issues. Hendeles v. Sanford Auto Auction, Inc., 364 So.2d 467 (Fla.1978); Zobac v. Southeastern Hospital District of Palm Beach County, 382 So.2d 829 (Fla. 4th DCA 1980); Weissman v. State Farm Mutual Automobile Insurance Company, 349 So.2d 749 (Fla. 3d DCA 1977).

Reversed and remanded with directions.

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

PER CURIAM.

Relying on Chapman v. Dillon, 404 So.2d 354 (Fla. 5th DCA 1981) the trial court refused to give a jury instruction on the Florida “no fault” threshold. Although the trial court may have been within its discretion at the time of the ruling, after the Supreme Court of Florida quashed the above cited opinion in Chapman v. Dillon, 415 So.2d 12 (Fla.1982), the denial of the instruction requested was error; therefore, the final judgment under review is reversed and remanded to the trial court for a new trial on all issues. Hendeles v. Sanford Auto Auction, Inc., 364 So.2d 467 (Fla.1978); Zobac v. Southeastern Hospital District of Palm Beach County, 382 So.2d 829 (Fla. 4th DCA 1980); Weissman v. State Farm Mutual Automobile Insurance Company, 349 So.2d 749 (Fla. 3d DCA 1977).

Reversed and remanded with directions.

Cite This Page — Counsel Stack

Bluebook (online)

417 So. 2d 780, 1982 Fla. App. LEXIS 20742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-garcia-fladistctapp-1982.

Opinion

Related

Cite This Page — Counsel Stack