ERVIN KARDEN, APPELLANT
v.
WILLIAM D. HATFIELD, APPELLEE
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In this automobile accident case, Karden sued Hatfield for negligence following a collision on the Venetian Causeway in Miami. The jury returned separate verdicts finding Hatfield not guilty on Karden's complaint and awarding damages to Hatfield on his counterclaim. On appeal from the judgment dismissing Karden's complaint, the court affirmed, holding that it could not review issues going exclusively to the unappealed judgment on the counterclaim.
The appellate court affirmed the judgment in favor of Hatfield on Karden's complaint, finding that it could not review either of Karden's contentions because they went exclusively to the unappealed judgment on the counterclaim.
“a complaint and counterclaim do not constitute separate suits and that one judgment is properly entered upon the verdict of the jury in such a case”
Establishes the legal principle that complaint and counterclaim should result in a single judgment, though separate verdicts may be submitted
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Join FLexlaw to unlock all legal intelligenceKarden and Hatfield collided in an automobile accident on the Venetian Causeway in Miami, with Karden driving east toward Miami Beach and Hatfield dri…
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Appellant, Ervin Harden, and appellee, William D. Hatfield, were involved in an automobile accident on the Venetian Causeway in Miami, Dade County, Florida. Harden was driving east from Miami to Miami Beach and Hatfield was driving west from Miami Beach to Miami. The accident occurred near the center line dividing the eastbound traffic from the westbound traffic. Both parties sustained personal injuries and property damage.
Harden brought suit against Hatfield. Hatfield answered the complaint and brought a counterclaim against Harden. Each alleged the negligence of the other as the proximate cause of the accident, and each pled the affirmative defense of contributory negligence. Two verdicts were returned by the jury; one found the defendant-appellee, Hatfield, not guilty; and the other assessed damages for Hatfield against the appellant, Harden. Two separate judgments were entered on the verdicts. The appellant filed his notice of appeal from the judgment based upon the not guilty verdict. This judgment only provided, inter alia, “that said Plaintiff take nothing by his suit and that the defendant go hence without day and recover its cost in this cause expended, to be taxed by further Order of the Court.” No appeal was taken from the judgment awarding damages to Hatfield. It has been previously held that a complaint and counterclaim do not constitute separate suits and that one judgment is properly entered upon the verdict of the jury in such a case. Tobin v. Garry, Fla.App.1961, 127 So.2d 698, 700.
The fact that the court with agreement of counsel for the parties submitted separate verdict forms for the complaint and the counterclaim does not change this rule. It is apparent that in this instance no objection was raised by either party to the procedure of entering separate judgments. Because the matter is not jurisdictional, we do not comment further upon it. Nevertheless, it is necessary to point out that upon this appeal from a judgment for the defendant upon the complaint, we may not consider matters going exclusively to the judgment which is not appealed.
Appellant, Harden, has presented two points. The first of these urges that his plea of contributory negligence entered to the Hatfield counterclaim was improperly ignored by the court in that the trial judge refused appellant’s request for a general instruction on contributory negligence. We may not consider this point because it goes exclusively to the question of whether the appellant as counter-defendant was entitled to an instruction on contributory negligence as it applied to the counterclaim.
Appellant’s second point urges that the court erred in admitting testimony of appel-lee as to the amount of a treating doctor’s bill when the bill itself was not introduced, there was no testimony as to the reasonableness of the bill, and the bill had not been paid. It is apparent that this point also is directed exclusively to the judgment which found the appellant, Harden, guilty of negligence and assessed damages as a consequence of that finding.
Having reached the conclusion that no reversible error has been shown as to the judgment in favor of the defendant, Flat-field, upon the claim of plaintiff, Harden, said judgment must be and hereby is affirmed.
Affirmed.
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Travelers Express, Inc. v. Myriam Acosta, 397 So. 2d 733 (Fla. 3d DCA 1981)…aracter until the final disposition of the other.7 Taussig v. Insurance Company of North America, supra. The final disposition of both the claim and the counterclaim properly should be reflected by the entry of a single judgment. Karden v. Hatfield, 143 So. 2d 208 (Fla. 3d DCA 1962); Tobin v. Garry, 127 So. 2d 698 (Fla. 2d DCA 1961). The potential problems resulting from separate trials are well illustrated by the instant case. Severing Myriam’s claim for malicious prosecution from those claims asserted by T…
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Brown v. Winn-Dixie Stores, Inc., 267 So. 2d 78 (Fla. 1972)…appeals upon compliance with the applicable rules for perfecting such appeals, treating them as if they had been formally consolidated.” (pp. 396-397) See also Webster v. State, 235 So. 2d 499 (Fla.1970). Winn-Dixie relies upon Karden v. Hatfield, 143 So. 2d 208 (Fla.App.3d, 1962). In that case defendant filed a counterclaim in addition to an answer to plaintiff’s complaint, and the Court submitted two separate verdicts to the jury. The jury returned a not guilty verdict in favor of defendant and a judgment…
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Phillips Petroleum Co. OF Bartlesville v. Dorn, 292 So. 2d 429 (Fla. 4th DCA 1974)…the notice of appeal is directed solely to the final judgment for the husband dated February 6, 1973, the notice of appeal did not have the effect of bringing up for review the order granting the wife a new trial. Karden .v. Hatfield, Fla.App. 1962, 143 So. 2d 208. Therefore, we do not pass on the propriety of that order. With reference to the judgment for the husband, it is our view that the trial court’s quoted instruction to the jury imposed upon appellant a standard of care more onerous than required by…
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- Tobin v. Garry, 127 So. 2d 698 (Fla. 2d DCA 1961)