Klingshirn Corp. v. Turk

District Court of Appeal of Florida

Klingshirn Corp. v. Turk

334 So. 2d 284, 1976 Fla. App. LEXIS 15701, 1977 A.M.C. 491

CourtDistrict Court of Appeal of Florida

DecidedMay 18, 1976

DocketNo. 75-1002

StatusPublished

This text of 334 So. 2d 284 (Klingshirn Corp. v. Turk) 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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Klingshirn Corp. v. Turk, 334 So. 2d 284, 1976 Fla. App. LEXIS 15701, 1977 A.M.C. 491 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

Appellants appeal from an adverse final judgment in an action for damages brought by appellee.

The record shows that appellee owned a two story houseboat which was being towed in a southerly direction down the Intra-coastal Waterway. In the vicinity of the Julia Tuttle Causeway, a motorboat owned and operated by appellants, proceeding in a northerly direction up the Intracoastal Waterway, passed near appellee’s houseboat. The wake from appellants’ boat washed against appellee’s houseboat causing it to sink. After a trial on appellee’s action for damages, the jury returned a verdict in his favor assessing damages in the amount of $40,000. On May 14, 1975, the trial court entered a final judgment incorporating the verdict. From this judgment, appellants appeal.

We have carefully examined each of the points presented on appeal by appellants and find them to be without merit. The verdict of the jury is supported by substantial competent evidence and no error by the trial court has been made to appear. See, e. g., Hartford Accident & Indemnity Co. v. Colposcope of America, Inc., Fla. App. 1975, 308 So.2d 52; Causeway Marina, Inc. v. Mandel, Fla.App. 1973, 276 So.2d 71; Brainard v. Poole, Fla.App.1968, 214 So.2d 510; Land v. Patroni, Fla.App. 1968, 214 So.2d 94; and 2 Fla.Jur., Appeals §§ 316 and 346.

We have considered the record, all points in the briefs, and arguments of counsel in light of the controlling principles of law and have concluded that no error has been demonstrated. Therefore, for the reasons stated and upon the authorities cited, the final judgment appealed is affirmed.

Affirmed.

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PER CURIAM.

Appellants appeal from an adverse final judgment in an action for damages brought by appellee.

The record shows that appellee owned a two story houseboat which was being towed in a southerly direction down the Intra-coastal Waterway. In the vicinity of the Julia Tuttle Causeway, a motorboat owned and operated by appellants, proceeding in a northerly direction up the Intracoastal Waterway, passed near appellee’s houseboat. The wake from appellants’ boat washed against appellee’s houseboat causing it to sink. After a trial on appellee’s action for damages, the jury returned a verdict in his favor assessing damages in the amount of $40,000. On May 14, 1975, the trial court entered a final judgment incorporating the verdict. From this judgment, appellants appeal.

We have carefully examined each of the points presented on appeal by appellants and find them to be without merit. The verdict of the jury is supported by substantial competent evidence and no error by the trial court has been made to appear. See, e. g., Hartford Accident & Indemnity Co. v. Colposcope of America, Inc., Fla. App. 1975, 308 So.2d 52; Causeway Marina, Inc. v. Mandel, Fla.App. 1973, 276 So.2d 71; Brainard v. Poole, Fla.App.1968, 214 So.2d 510; Land v. Patroni, Fla.App. 1968, 214 So.2d 94; and 2 Fla.Jur., Appeals §§ 316 and 346.

We have considered the record, all points in the briefs, and arguments of counsel in light of the controlling principles of law and have concluded that no error has been demonstrated. Therefore, for the reasons stated and upon the authorities cited, the final judgment appealed is affirmed.

Affirmed.

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334 So. 2d 284, 1976 Fla. App. LEXIS 15701, 1977 A.M.C. 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klingshirn-corp-v-turk-fladistctapp-1976.

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