Opinion
Nos. 92-1260, 92-684.
November 23, 1994.
Appeal from the Circuit Court of Dade County, Celeste H. Muir, J.
Stephens Lynn Klein McNicholas, Fort Lauderdale, Magill Lewis and R. Fred Lewis, Miami, for appellant/cross-appellee/appellee.
Rossman and Baumberger and Charles Baumberger, James C. Blecke, Miami, for appellees/cross-appellants/appellants.
Wolpe, Leibowitz Brotman, Berger Chafetz and Steven R. Berger, Womack Bass and Jeffrey N. Schwartz, Miami, for appellees.
Before SCHWARTZ, C.J., and BASKIN and GREEN, JJ.
Appellant/Cross-Appellee City of Homestead d/b/a James Archer Smith Hospital [Hospital] appeals a final judgment and post-trial order denying motion for remittitur/new trial. Joaquin and Maria Martins cross-appeal. We reverse on appeal and affirm on cross-appeal.
Hospital correctly argues that pursuant to Fabre v. Marin, 623 So.2d 1182 (Fla. 1993), the trial court erred in entering a judgment against Hospital for an amount exceeding the percentage of liability apportioned to it by the jury. We reverse the judgment and remand for entry of judgment against Hospital in the proportionate amount of liability reflected by the jury's finding.
The remaining points on appeal and cross-appeal lack merit.
Reversed and remanded.