Rosenson v. City of Miami

District Court of Appeal of Florida

Rosenson v. City of Miami

377 So. 2d 749, 1979 Fla. App. LEXIS 16165

District Court of Appeal of Florida·Decided November 27, 1979·No. Nos. 79-132, 79-139 and 79-173·Published

Opinion

PER CURIAM.

We affirm the final judgments appealed from which were entered by the trial court after a non-jury trial on a claim and counterclaim sounding in negligence on the grounds that (1) the alleged erroneous rulings on various evidentiary matters at trial constituted harmless error in the context of this case, § 59.041, Fla.Stat. (1977), and (2) the finding of no damages on the counterclaim was a permissible conclusion on this record which this court has no authority to upset on appeal in view of (a) the conflicting evidence at trial as to whether the counter-plaintiff sustained any compensable personal damages in the subject accident, Shaw v. Shaw, 334 So.2d 13, 16 (Fla.1976); and (b) the insufficient evidence at trial as to whether the counter-plaintiff sustained any compensable property damages in the subject accident. Travelers Indemnity Co. v. Skyway Marine, Inc., 251 So.2d 327 (Fla. 3d DCA 1971).

Affirmed.

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PER CURIAM.

We affirm the final judgments appealed from which were entered by the trial court after a non-jury trial on a claim and counterclaim sounding in negligence on the grounds that (1) the alleged erroneous rulings on various evidentiary matters at trial constituted harmless error in the context of this case, § 59.041, Fla.Stat. (1977), and (2) the finding of no damages on the counterclaim was a permissible conclusion on this record which this court has no authority to upset on appeal in view of (a) the conflicting evidence at trial as to whether the counter-plaintiff sustained any compensable personal damages in the subject accident, Shaw v. Shaw, 334 So.2d 13, 16 (Fla.1976); and (b) the insufficient evidence at trial as to whether the counter-plaintiff sustained any compensable property damages in the subject accident. Travelers Indemnity Co. v. Skyway Marine, Inc., 251 So.2d 327 (Fla. 3d DCA 1971).

Affirmed.

Rosenson v. City of Miami, 377 So. 2d 749, 1979 Fla. App. LEXIS 16165 (Fla. Ct. App. 1979).

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Opinion

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