GERTRUDE S. SCHMIDT, PETITIONER,
v.
RAYMOND R. TRACEY, RESPONDENT

Fla. | 1964-01-08
No. 32714
DREW, C. J., and TERRELL, O’CON-NELL, CALDWELL and SEBRING (Retired), JJ., concur.
159 So. 2d 645 Florida Supreme Court (1964) Caution
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is here on Petition for Writ of Certiorari alleging conflict with Puleo v. Shaw.1 Although conflict exists we find that, inasmuch as the Puleo decision, supra, is reversed by the decision of this Court,2 the petition herein is denied.

DREW, C. J., and TERRELL, O’CON-NELL, CALDWELL and SEBRING (Retired), JJ., concur.


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Cited By

  • Chirogianis v. Anderson, 401 So. 2d 1322 (Fla. 1981)
    …o. 2d 1289 (Fla. 5th DCA 1980). If true, there would have been conflict with Perenic v. Castelli, 353 So. 2d 1190 (Fla. 4th DCA 1977), cert. denied, 359 So. 2d 1211 (Fla. 1978), and Schmidt v. Tracey, 150 So. 2d 275 (Fla. 2d DCA 1963), cert. denied, 159 So. 2d 645 (Fla. 1964). A closer review of the record, however, discloses that the district court followed the tests authorizing a new trial enunciated in Radiant Oil Co. v. Herring, 146 Fla. 154, 200 So. 376 (Fla. 1941), as supplemented in Short v. Grossman,…
  • Dyes v. Spick, 606 So. 2d 700 (Fla. 1st DCA 1992)
    …s, 520 So. 2d 645 (Fla. 2d DCA 1988), rev. denied, 529 So. 2d 694 (Fla.1988); White v. Martinez, 359 So. 2d 7 (Fla. 3d DCA 1978); White v. Bacon, 166 So. 2d 678 (Fla. 1st DCA 1964); Schmidt v. Tracey, 150 So. 2d 275 (Fla. 2d DCA 1963), cert. denied, 159 So. 2d 645 (Fla.1964); Weiss v. Goldman, 120 So. 2d 812 (Fla. 3d DCA 1960). These cases were all decided upon facts that occurred prior to the 1986 statutory enactments applied by this court today. None of these cases involved itemized verdicts, and it was, th…
  • Albertson's, Inc. v. Brady, 475 So. 2d 986 (Fla. 2d DCA 1985)
    …well established that the plaintiff in a personal injury suit has the burden to prove the reasonableness and necessity of medical expenses. Shaw v. Puleo, 159 So. 2d 641 (Fla.1964); Schmidt v. Tracey, 150 So. 2d 275 (Fla. 2d DCA 1963), cert. denied, 159 So. 2d 645 (Fla.1964). Although some jurisdictions consider evidence of the amount of a medical bill to be sufficient proof of reasonableness, many, including Florida, require something more. See An-not., 12 A.L.R.3d 1347 (1967). In Garrett v. Morris Kirschma…

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