ETHEL M. BOSTON, APPELLANT,
v.
ANTINORI & THURY, P.A., AND JOSEPH THURY, INDIVIDUALLY, AND LAWYERS PROFESSIONAL LIABILITY INSURANCE COMPANY, APPELLEES
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PER CURIAM.
We affirm the trial court’s order granting a new trial on the issue of damages. After careful consideration of the order, the record, the parties’ briefs and their oral arguments, we find no merit in any of the points on appeal other than discussed below.
Both parties agreed in their briefs and in oral argument that if, upon remand, there is an award of future compensation, the computation of supplements must comply with the law as set out in the substituted opinion of Polote v. Meredith, 482 So. 2d 515 (Fla. 1st DCA 1986). The trial court did not have the benefit of that opinion as it was substituted subsequent to the trial court’s order granting a new trial. Therefore, the teachings of the Polote case govern as to that point upon retrial.
Affirmed and remanded for a new trial only on the issue of damages.
RYDER, A.C.J., and CAMPBELL and HALL, JJ., concur.
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Amison v. State, 504 So. 2d 473 (Fla. 2d DCA 1987)…e appellant failed to raise this objection in the trial court, we decline to rule on this issue now. However, our holding is without prejudice to appellant raising this challenge pursuant to Florida Rule of Criminal Procedure 3.850. Parker v. State, 500 So. 2d 721 (Fla. 2d DCA 1987); Treadway v. State, 500 So. 2d 308 (Fla. 2d DCA 1986). Next, appellant correctly alleges error in imposition of costs pursuant to section 27.3455(1) without prior determination of ability to pay. Skinner v. State, 498 So. 2d 618…
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Bostic v. State, 504 So. 2d 794 (Fla. 2d DCA 1987)…ce appellant failed to raise this objection in the trial court, we decline to rule on this issue now. However, our holding does not preclude appellant from raising this challenge pursuant to Florida Rule of Criminal Procedure 3.850. Parker v. State, 500 So. 2d 721 (Fla. 2d DCA 1987); Treadway v. State, 500 So. 2d 308 (Fla. 2d DCA 1986); contra Webber v. State, 497 So. 2d 995 (Fla. 5th DCA 1986). Secondly, appellant alleges error in the court’s assessing $200 costs against him pursuant to section 27.3455, wit…
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- The Polote Corp. & Argonaut Ins. Co. v. Meredith, 482 So. 2d 515 (Fla. 1st DCA 1986)