CRAIG LAWN, A MINOR BY HIS FATHER AND NEXT FRIEND, ROY LAWN, AND ROY LAWN, INDIVIDUALLY, APPELLANTS,
v.
IRVING WASSERMAN AND SHELDON WASSERMAN, APPELLEES
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The court held that the failure to give a requested jury instruction on loss of future earning capacity, after stating the instruction would be given, constitutes reversible error.
The plaintiffs appealed a jury verdict on damages only, following a default judgment. During jury instruction discussions, the judge indicated he woul…
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Plaintiff-appellants, the Lawns, appeal from a jury verdict entered in a trial as to damages only, based upon the opening of a default judgment ordered by this court in Lawn v. Wasserman, Fla.App.1969, 226 So.2d 261.
During a reported conference as to proposed jury instructions, the trial judge stated: “The objections are noted. The court will instruct on any loss of ability to earn money in the future.” The requested Florida Standard Jury Instruction § 6.2 was not actually given.
Our sister appellate courts have passed upon the failure of a trial judge to give a requested charge as to loss of ability to earn money in the future, where the judge had earlier ruled that he would give such an instruction. Capone v. Winn-Dixie Stores, Inc., Fla.App.1970, 233 So.2d 175, 177-178 and Powell v. Hegney, Fla.App.1970, 239 So.2d 599. They have held that this is reversible error. We agree, and reverse and remand for a new trial as to damages only. Therefore, we express no view as to the other points raised.
Reversed and remanded for a new trial as to damages only.
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Citator
Cited By
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Knabb v. Tompkins, 254 So. 2d 858 (Fla. 1st DCA 1971)
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Diaz v. Green, 759 So. 2d 721 (Fla. 3d DCA 2000)…ference, we reverse and remand for a new trial on damages. See Norman v. Mullin, 249 So. 2d 733 (Fla. 2d DCA 1971); Capone v. Winn-Dixie Stores, Inc., 233 So. 2d 175 (Fla. 2d DCA), cert. denied, 238 So. 2d 105 (Fla.1970); see also Lawn v. Wasserman, 248 So. 2d 548 (Fla. 3d DCA 1971). As a result of our disposition, we do not address the remaining issues raised by the appellants. Reversed and remanded.…
Authorities Cited
- Lawn v. Wasserman, 226 So. 2d 261 (Fla. 3d DCA 1969)
- Capone v. Winn-Dixie Stores, Inc., 233 So. 2d 175 (Fla. 2d DCA 1970)
- Powell v. Hegney, 239 So. 2d 599 (Fla. 4th DCA 1970)