Nolan v. D & K Financial Corp.

574 So. 2d 291, 1991 Fla. App. LEXIS 1045, 1991 WL 16302

Opinion

HARRIS, Judge.

Margaret Nolan WRS involved in an automobile accident with Terrence Lakome who was operating a vehicle within the course and scope of his employment with D & K Financial Corporation. She sued both parties.

After a jury verdict in favor of Lakome and D & K, Nolan claims that the trial court erred in refusing to grant her a directed verdict on liability and in refusing to order a new trial. We find no error and affirm.

Nolan also contends on appeal that since the jury returned a defense verdict, attorney’s fees awarded pursuant to section 768.79, Florida Statutes (1987) was improper. We agree. See Oriental Imports, Inc. v. Alilin, 559 So.2d 442 (Fla. 5th DCA 1990); Gunn v. DePaoli, 562 So.2d 427 (Fla. 2nd DCA 1990).

Judgment for appellees AFFIRMED; award of attorney’s fees REVERSED and REMANDED for further action consistent with this opinion.

COWART and GOSHORN, JJ., concur.