Baker v. Best

Full title: CLYDE BAKER, APPELLANT, v. LESLIE BEST, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Sep 24, 1970

239 So. 2d 530 (Fla. Dist. Ct. App. 1970)

Opinion

No. M-285.

September 24, 1970.

Appeal from Circuit Court, Clay County; John M. McNatt, Judge.

George A. Stelogeannis, of Greene, Greene, Kennelly Stockton, Jacksonville, for appellant.

Boyd, Jenerette, Leemis Staas, Jacksonville, for appellee.

PER CURIAM.

This cause having been orally argued before the court, the briefs and record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed. On the issue of damages, see Freeman v. Bandlow, (Fla.App. 1962), 143 So.2d 547; Shaw v. Puleo, (Fla. 1964) 159 So.2d 641. As to the applicability of the collateral source rule to the facts of this case, see McElwain v. Capotosto, (1954) 332 Mass. 1, 122 N.E.2d 901; Perry v. Public Service Coordinated Transport, (1948) 136 N.J.L. 398, 56 A.2d 617.

JOHNSON, C.J., and WIGGINTON and RAWLS, JJ., concur.