Potashnick v. Tito

District Court of Appeal of Florida

Potashnick v. Tito

529 So. 2d 764, 13 Fla. L. Weekly 1719, 1988 Fla. App. LEXIS 3137, 1988 WL 73606

CourtDistrict Court of Appeal of Florida

DecidedJuly 20, 1988

DocketNo. 4-86-2812

StatusPublished

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This text of 529 So. 2d 764 (Potashnick v. Tito) 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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Potashnick v. Tito, 529 So. 2d 764, 13 Fla. L. Weekly 1719, 1988 Fla. App. LEXIS 3137, 1988 WL 73606 (Fla. Ct. App. 1988).

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PER CURIAM.

We affirm the judgment for damages in this case. The errors the defendants complain of in closing argument were not properly preserved for review. LeRetilley v. Harris, 354 So.2d 1213 (Fla. 4th DCA), cert. denied, 359 So.2d 1216 (Fla.1978); Schreidell v. Shoter, 500 So.2d 228 (Fla. 3d DCA 1986), rev. denied, 511 So.2d 299 (Fla. 1987). Although the-verdict in this case was a substantial amount, it is not so inordinately large so as to warrant this court to substitute its judgment for that of the jury. Bould v. Touchette, 349 So.2d 1181 (Fla. 1977); Good Samaritan Hospital Association v. Saylor, 495 So.2d 782 (Fla. 4th DCA 1986). We find the remaining point raised by defendant to be without merit.

DELL, J., and WARNER, MARTHA C., Associate Judge, concur. ANSTEAD, J., concurs specially with opinion.

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PER CURIAM.

We affirm the judgment for damages in this case. The errors the defendants complain of in closing argument were not properly preserved for review. LeRetilley v. Harris, 354 So.2d 1213 (Fla. 4th DCA), cert. denied, 359 So.2d 1216 (Fla.1978); Schreidell v. Shoter, 500 So.2d 228 (Fla. 3d DCA 1986), rev. denied, 511 So.2d 299 (Fla. 1987). Although the-verdict in this case was a substantial amount, it is not so inordinately large so as to warrant this court to substitute its judgment for that of the jury. Bould v. Touchette, 349 So.2d 1181 (Fla. 1977); Good Samaritan Hospital Association v. Saylor, 495 So.2d 782 (Fla. 4th DCA 1986). We find the remaining point raised by defendant to be without merit.

DELL, J., and WARNER, MARTHA C., Associate Judge, concur. ANSTEAD, J., concurs specially with opinion.

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529 So. 2d 764, 13 Fla. L. Weekly 1719, 1988 Fla. App. LEXIS 3137, 1988 WL 73606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potashnick-v-tito-fladistctapp-1988.

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