MARK WEINSTOCK, APPELLANT,
v.
CITY OF PLANTATION, APPELLEE
MARK WEINSTOCK, APPELLANT,
CITY OF PLANTATION, APPELLEE
664 So. 2d 66
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse and remand for a new trial on future economic damages only. See Auto-Owners Ins. Co. v. Tompkins, 651 So. 2d 89 (Fla.1995). Albeit harmless, the errors asserted in appellant’s third and fourth issues on appeal are not to be repeated. We find no reversible error on these two issues nor any of the remaining issues not discussed hereinabove and affirm as to same.
GLICKSTEIN, WARNER and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Behan v. Fla. Birth-Related Neurological Injury Comp. Ass'n, 664 So. 2d 1173 (Fla. 4th DCA 1995)…tend that the hearing officer erred in failing to strictly adhere to the provisions relating to the medical advisory panel report. We need not address appellants’ second point on appeal, since this court concluded in Mills v. North Broward Hospital, 664 So. 2d 66 (Fla. 4th DCA 1995), that: the failure to give notice to plaintiffs before the provision of medical services that the doctors had elected participation in the Neurological Injury Compensation Act deprives the agency of its exclusive jurisdiction. .…
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Varela v. Bernachea, 917 So. 2d 295 (Fla. 3d DCA 2005)…count is established with the funds of one person, a gift of the funds is presumed. This presumption may be rebutted only by clear and convincing evidence to the contrary. Spark v. Canny, 88 So. 2d 307 (Fla.1956); De Soto v. Guardianship of De Soto, 664 So. 2d 66, 67 (Fla. 3d DCA 1995); Winterton v. Kaufmann, 504 So. 2d 439, 442 (Fla. 3d DCA 1987). In the instant case, the trial court erroneously found, in the absence of clear and convincing evidence, that Bernachea rebutted Varela’s gift presumption. The t…
Authorities Cited
- Auto-Owners Ins. Co. v. Tompkins, 651 So. 2d 89 (Fla. 1995)