McIntyre v. McCloud
This text of 334 So. 2d 171 (McIntyre v. McCloud) 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.
Opinion
Lillie R. McINTYRE and Cleveland McIntyre, Her Husband, Appellants,
v.
Robert McCLOUD et al., Appellees.
District Court of Appeal of Florida, Third District.
Wolfson, Diamond, Logan & Edge and Elliott H. Lucas, Miami Beach, for appellants.
Stuart Simon, County Atty. and Thomas F. Valerius and Thomas Goldstein, Asst. County Attys., Weissenborn, Burr & Hyman, Miami, for appellees.
Before PEARSON, HENDRY and HAVERFIELD, JJ.
PER CURIAM.
In this personal injury action, the jury found from the evidence that the plaintiff-appellant did not sustain the injuries *172 alleged, which determination is unquestionably within the jury's province. Even assuming arguendo, that a "wrong" (in the form of negligence) was perpetrated by the defendants on the plaintiff, it is, nonetheless, well-established in the common law that there is no valid cause of action where there is shown to exist, at the very most, a "wrong" without "damage." See the general proposition in Scott-Steven Development Corp. v. Gables by the Sea, Inc., Fla.App. 1964, 167 So.2d 763.
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
334 So. 2d 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintyre-v-mccloud-fladistctapp-1976.