Thomas v. DiSalvo

District Court of Appeal of Florida

Thomas v. DiSalvo

531 So. 2d 1010, 13 Fla. L. Weekly 2231, 1988 Fla. App. LEXIS 4290, 1988 WL 98584

CourtDistrict Court of Appeal of Florida

DecidedSeptember 28, 1988

DocketNo. 4-86-2654

StatusPublished

This text of 531 So. 2d 1010 (Thomas v. DiSalvo) 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

Thomas v. DiSalvo, 531 So. 2d 1010, 13 Fla. L. Weekly 2231, 1988 Fla. App. LEXIS 4290, 1988 WL 98584 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

Finding that it is supported by substantial competent evidence, we affirm the final judgment in favor of the plaintiff. However, on the cross appeal we reverse the order of the trial court granting a set-off for sums collected by the plaintiff in a separate settlement with a codefendant. The record reflects that the damages for which the set-off was awarded arose out of a clearly separate and distinct claim, unrelated to the damages for which plaintiff recovered the judgment. There is no need to address the other issues raised by the cross appeal.

Affirm the appealed judgment; reverse the cross-appealed order.

HERSEY, C.J., and LETTS and STONE, JJ., concur.

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PER CURIAM.

Finding that it is supported by substantial competent evidence, we affirm the final judgment in favor of the plaintiff. However, on the cross appeal we reverse the order of the trial court granting a set-off for sums collected by the plaintiff in a separate settlement with a codefendant. The record reflects that the damages for which the set-off was awarded arose out of a clearly separate and distinct claim, unrelated to the damages for which plaintiff recovered the judgment. There is no need to address the other issues raised by the cross appeal.

Affirm the appealed judgment; reverse the cross-appealed order.

HERSEY, C.J., and LETTS and STONE, JJ., concur.

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Bluebook (online)

531 So. 2d 1010, 13 Fla. L. Weekly 2231, 1988 Fla. App. LEXIS 4290, 1988 WL 98584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-disalvo-fladistctapp-1988.