THOMAS R. HORN, APPELLANT/CROSS-APPELLEE,
v.
MARINE HOSPITALITY CORPORATION, APPELLEE/CROSS-APPELLANT
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Horn appealed a jury verdict awarding him only $200 for a knee injury allegedly sustained in an accident, with the award reduced 99% due to comparative negligence. The appellate court affirmed without opinion, and Horn moved for rehearing arguing the case deserved a written opinion due to the inadequate verdict.
The trial court did not abuse its discretion in denying the motion for a new trial. Evidence supported the jury's finding that the knee injury did not result from the accident, and the $200 award for loss of past income was a reasonable verdict within the jury's discretion.
[1] A trial court does not abuse its discretion in denying a motion for a new trial based on an allegedly inadequate jury verdict when there is evidence supporting the jury's…
[2] Appellate courts may affirm a judgment without a written opinion when the case lacks merit and a written opinion would serve no useful purpose.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“there was evidence from which the jury could have found that the knee injury, which he claimed he sustained in this accident, did not result from this accident”
Establishes the evidentiary basis supporting the jury's verdict against Horn's claimed injury causation
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHorn claimed he sustained a knee injury in an accident. An orthopedist testified that Horn's knee problems resulted from a prior injury requiring surg…
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ON MOTION FOR REHEARING
KLEIN, Judge.
After we affirmed this case without opinion, appellant filed a motion for rehearing arguing that this case deserved an opinion. Appellant argues that our affir-mance of his allegedly inadequate jury verdict for $200, reduced by 99% comparative negligence, creates conflict with decisions from other district courts of appeal.
Appellant’s sole argument is that the trial court erred in denying his motion for new trial on the grounds that the verdict was inadequate. We affirmed without opinion because there was evidence from which the jury could have found that the knee injury, which he claimed he sustained in this accident, did not result from this accident. An orthopedist testified that the knee problems about which appellant was complaining resulted from an injury he had sustained several years earlier, which required surgery, as well as from arthritic changes which had occurred after that surgery.
The defendant paid appellant’s medical expenses incurred after this accident. We concluded that the trial judge did not abuse its discretion in denying appellant’s motion for a new trial where the jury only awarded him $200 for loss of past income.
We recognize that appellants and their counsel often feel shortchanged when we affirm without writing an opinion. In cases so lacking in merit as this one, however, a written opinion would serve no useful purpose. An opinion would not explain anything to the appellant that would not already be apparent from the record in this case. Other cases in which we routinely affirm without opinion are (1) those in which appellant is unable to establish error because of the lack of a transcript of a trial, (2) those in which the appellant has failed to preserve the error by making an objection in the trial court, and (3) those in which litigants (often pro se) are unable to identify any specific error made by the trial court but are simply unhappy with the result. Those who would advocate requiring appellate courts to write opinions in all cases would be surprised at how many cases fall in the above categories.
We doubt that the brief opinion we have now written in this case will give the appellant much more satisfaction than our original affirmance without opinion. It will, however, unnecessarily enlarge the Southern Reporter and “further burden attorneys with their research.” Whipple v. State, 431 So. 2d 1011, 1016 (Fla. 2d DCA 1983). Additional good reasons for not requiring opinions in every ease are set out in Whipple at 1016,1017.
The motion for rehearing is denied.
DELL and FARMER, JJ., concur.
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Citator
Cited By
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Cathi Celeste Bruce v. Bruce (Fla. 4th DCA 2026)
Authorities Cited
- Whipple v. State, 431 So. 2d 1011 (Fla. 2d DCA 1983)