DWIGHT DAVID GODWIN, APPELLANT,
v.
THE FELDSPAR CORPORATION, APPELLEE
Explore caselaw by topic → Browse Setoff cases and more on FLexlaw
PER CURIAM.
AFFIRMED.
UPCHURCH, C.J., and SHARP, J., concur.
DAUKSCH, J., dissents with opinion.
DAUKSCH, Judge,
dissenting.
I respectfully dissent.
Appellant filed suit against appellee for injuries he suffered in a motorcycle accident. After the jury verdict established his damages at $20,000 and his comparative negligence at 60% and that of the appellee at 40% he was entitled to receive $8,000 from appellee. After trial and before judgment appellee, for the first time, raised an issue regarding a previous settlement with another party regarding the same accident. In that matter appellant received an $8,000 settlement. No release or covenant not to sue was given to appellee or anyone as a result of that settlement. The trial judge permitted appellee to amend its pleadings to seek a setoff or credit against the amount it was required to pay ($8,000) in the amount of the other settlement (also $8,000). The trial judge first allowed an amendment to the pleadings and then evidence of the settlement. All after the case was over. I would reverse for that error and because of the other procedural errors which caused substantive damage to appellant.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Florida, 894 So. 2d 941 (Fla. 2005)…criminal attempt). . To the extent that assault can be viewed as a core or precursor offense to an attempted murder in which there is no allegation of victim contact, it is only in its common law sense of attempted battery. See Antonacci v. State, 504 So. 2d 521, 522 n. 1 (Fla. 5th DCA 1987) (stating that at common law, what is now assault was punished as attempted battery); Savino v. State, 447 So. 2d 411, 413 (Fla. 5th DCA 1984) (Cowart, J., concurring specially) (same).…
-
Weber v. City OF Fort Lauderdale, 675 So. 2d 696 (Fla. 4th DCA 1996)…lorida and United States Constitutions grant him this right when tried for criminal mischief — an offense which is malum in se and indictable at common law. See also Rodriguez Sanchez v. State, 503 So. 2d 436 (Fla. 4th DCA 1987); Antonacci v. State, 504 So. 2d 521 (Fla. 5th DCA 1987). While defendant was entitled to a jury trial on the criminal mischief charge, we agree with the City’s position that the aggregation of maximum penalties alone would not provide a basis for mandating a jury trial on the remaini…