Malec v. Halter

District Court of Appeal of Florida

Malec v. Halter

216 So. 2d 782

CourtDistrict Court of Appeal of Florida

DecidedDecember 16, 1968

DocketNo. 68-422

StatusPublished

Cited by3 cases

This text of 216 So. 2d 782 (Malec v. Halter) 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

Malec v. Halter, 216 So. 2d 782 (Fla. Ct. App. 1968).

Pincite

Opinion

PER CURIAM.

Appellant [plaintiff in the trial court] seeks review of a favorable jury verdict, contending that the trial judge committed error when he refused to permit medical bills [incurred as a result of an alleged accident] to be introduced by the plaintiff, who was a married woman.

At common law, the prevailing party plaintiff could not seek review of a favorable verdict. This has been modified in this State by judicial rulings. Paul v. Kanter, Fla.App.1963, 155 So.2d 402; 2 Fla.Jur., Appeals, § 10. A condition permitting a plaintiff [recovering a favorable verdict] to seek appellate review is that a motion for new trial be addressed to the trial court urging inadequacy of the verdict. Guarria v. State Road Department of Florida, Fla.App.1960, 117 So.2d 5; Paul v. Kanter, supra. This was not done in the instant case and, therefore, we do not disturb the verdict and final judgment here under review.

Affirmed.

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

PER CURIAM.

Appellant [plaintiff in the trial court] seeks review of a favorable jury verdict, contending that the trial judge committed error when he refused to permit medical bills [incurred as a result of an alleged accident] to be introduced by the plaintiff, who was a married woman.

At common law, the prevailing party plaintiff could not seek review of a favorable verdict. This has been modified in this State by judicial rulings. Paul v. Kanter, Fla.App.1963, 155 So.2d 402; 2 Fla.Jur., Appeals, § 10. A condition permitting a plaintiff [recovering a favorable verdict] to seek appellate review is that a motion for new trial be addressed to the trial court urging inadequacy of the verdict. Guarria v. State Road Department of Florida, Fla.App.1960, 117 So.2d 5; Paul v. Kanter, supra. This was not done in the instant case and, therefore, we do not disturb the verdict and final judgment here under review.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

216 So. 2d 782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malec-v-halter-fladistctapp-1968.

Opinion

Related

Cite This Page — Counsel Stack