MANN LATTIMORE D/B/A MANN LATTIMORE HAULING, APPELLANT/CROSS-APPELLEE,
v.
BEN STERN CONSTRUCTION COMPANY, INC., APPELLEE/CROSS-APPELLANT

Fla. 4th DCA | 1994-04-27
Nos. 93-0251, 93-1011, 93-1975 and 93-2102
ANSTEAD, POLEN and STEVENSON, JJ., concur.
636 So. 2d 164 Florida District Court of Appeal, Fourth District (1994) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We sua sponte consolidate all four (4) of these related appeals and affirm. On the main appeal we find an issue of fact was presented below as to whether the appellee was at fault to any degree in causing the accident in question. We also find, considering the record before us, no error in the costs awarded to the appellee incurred in the defense of the underlying action.

ANSTEAD, POLEN and STEVENSON, JJ., concur.


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  • Thilem v. Thilem, 662 So. 2d 1314 (Fla. 3d DCA 1995)
    …olley v. Polley, 588 So. 2d 638 (Fla. 3d DCA 1991). Foremost, the trial court erred in failing to distinguish gross from net income, which is crucial to properly applying the guidelines. See § 61.30(2)(b), (6), (9), Fla. Stat. (1993); Moss v. Moss, 636 So. 2d 164 (Fla. 4th DCA 1994). In imputing income, the trial court also failed to consider each parent’s full and present earning capacity as reflected by the record. See § 61.30(2)(b), Fla.Stat. (1993); Brooks v. Brooks, 602 So. 2d 630 (Fla. 2d DCA 1992); Gi…
  • Theiry Guerin v. DiROMA, 819 So. 2d 968 (Fla. 4th DCA 2002)
    …s the trial court has discretion to order such protective insurance of a child support obligation only when the circumstances show a necessity for such protection and then only within the obligor’s ability to provide such security. See Moss v. Moss, 636 So. 2d 164 (Fla. 4th DCA 1994) (while trial court must consider financial needs of children when calculating child support, court has discretion to deviate from statutory guidelines after considering parent’s overall financial circumstances and impose obligati…
  • Dyer v. Dyer, 658 So. 2d 148 (Fla. 4th DCA 1995)
    …ecify how much of the earnings is actual and how much is imputed. As we are remanding for further findings on other issues, we also direct the court to specify how much of his earnings is actual and how much gross earnings are imputed. Moss v. Moss, 636 So. 2d 164 (Fla. 4th DCA 1994).…

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