BENJAMIN G. HOLDORF, APPELLANT,
v.
CHARLES F. FRY ADVERTISING ASSOCIATES, INC., APPELLEE
BENJAMIN G. HOLDORF, APPELLANT,
CHARLES F. FRY ADVERTISING ASSOCIATES, INC., APPELLEE
176 So. 2d 381
Florida District Court of Appeal, Second District (1965)
Positive Treatment
Cited by 2 cases
Opinion of the Court
By its verdict in a malicious prosecution case, the jury found that the defendant, Charles F. Fry Advertising Associates, Inc.,, was liable to the plaintiff, Benjamin G. Holdorf, for compensatory damages in the-sum of $5,500 and punitive damages of *382$1,000. Final judgment was entered consequent upon the jury’s verdict; but, subsequently, the trial court set aside the judgment and granted the motion of the defendant for a new trial, limiting the issue to that of damages only; and this appeal by Holdorf ensued. It has not been made to appear that the trial court erred in rendition of the order so as to require the overturning of it.
Affirmed.
SMITH, C. J., and SHANNON and KANNER, (Ret.), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Roemelmeyer v. Richard A. Marshall Ins. Agency, 223 So. 2d 753 (Fla. 3d DCA 1969)…ating the monetary damages suffered by virtue of the theft. Under such circumstances, ordering a new trial as to liability constitutes an abuse of discretion and reversible error. Holdorf v. Charles F. Fry Advertising Associates, Inc., Fla.App.1965, 176 So. 2d 381; Tolin Manufacturing Corp. v. Roy Feiner Handbags, Inc., Fla.App.1965, 173 So. 2d 714. This is not a case wherein the inadmissible evidence was so closely intertwined with the dual issues of liability and damages as to require a new trial on both, a…