ENFIELD'S MIAMI PHOTO, INC., APPELLANT,
v.
KEYES COMPANY, INC. F/U/B/O FIREMAN'S FUND INSURANCE COMPANY, ATENA CORPORATION F/U/B/O OLD REPUBLIC INSURANCE COMPANY, BERNARD SWEDLER D/B/A RESULTS, T.V., APPELLEES
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PER CURIAM.
The defendant in the trial court appeals an adverse final judgment for property damage caused by a fire originating in the defendant’s copy machine. The cause of action sought to impose strict liability on the defendant, which had leased the copy machine, retaining exclusive control of all repairs and maintenance. The principal point of the appellant on appeal is the giving of a certain jury instruction. However, no objection to the instruction was made and therefore the error (not being of a fundamental nature) was not preserved. Middelveen v. Sibson Realty, Inc. 417 So. 2d 275 (Fla. 5th DCA 1982); Lollie v. General Motors Corporation, 407 So. 2d 613 (Fla. 1st DCA 1982); Page v. Cory Corporation, 347 So. 2d 817 (Fla. 3d DCA 1977).
By cross appeal the appellees urge error in the failure to award prejudgment interest. With this we concur and return the matter to the trial court with directions to include prejudgment interest in the amount of the final judgment under the authority of Argonaut Insurance Company v. May Plumbing Company, 474 So. 2d 212 (Fla.1985).
Affirmed in part, reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
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Bertoglio v. Am. Sav. & Loan Ass'n OF Fla. & Shepard Broad, 491 So. 2d 1216 (Fla. 3d DCA 1986)…jury on the claim for interference with an advantageous business relationship was consistent with the “no-contract” theory advanced by plaintiff. Further there was no objection to the given instruction. See Enfield’s Miami Photo, Inc. v. Keyes Co., 489 So. 2d 1203 (Fla. 3d DCA 1986); Wagner v. Nottingham Associates, 464 So. 2d 166 (Fla. 3d DCA), rev. denied, 475 So. 2d 696 (Fla.1985). The improper remarks of counsel, essentially that he was “a shareholder in American Savings,” were not met with a contempora…
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Ashley v. Ocean ROC Motel, Inc., 518 So. 2d 943 (Fla. 3d DCA 1987)…al to give the two instructions cited as error, nor did they assign any error to the jury verdict. It is improper to raise on appeal an issue left unchallenged in the trial court that is not fundamental in nature. Enfield’s Miami Photo v. Keyes Co., 489 So. 2d 1203 (Fla. 3d DCA 1986); see Middelveen v. Sibson Realty, Inc., 417 So. 2d 275 (Fla. 5th DCA), review denied, 424 So. 2d 762 (Fla.1982). In order to establish a court’s denial of a requested jury instruction as reversible error, the appellant must show…
Authorities Cited
- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)
- Lollie v. Gen. Motors Corp., 407 So. 2d 613 (Fla. 1st DCA 1981)
- Bauza v. State, 417 So. 2d 275 (Fla. 2d DCA 1982)
- Middelveen v. Sibson Realty, Inc., 417 So. 2d 275 (Fla. 5th DCA 1982)
- Loose v. State, 347 So. 2d 817 (Fla. 2d DCA 1977)