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Cabezas v. Denning

District Court of Appeal of Florida, Third District
May 28, 1997
695 So. 2d 821 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1725

Opinion filed May 28, 1997. Rehearing Denied July 2, 1997.

An Appeal from the Circuit Court for Dade County, Arthur L. Rothenberg, Judge.

LOWER TRIBUNAL NO. 93-18795

Greenfield Duval and Harvie S. Duval, for appellant/cross appellee.

Wood Quintairos and Gregory P. Hengber and Hayes G. Wood, for appellee/cross appellant.

Before LEVY and GODERICH, JJ. and BARKDULL, Senior Judge.


In a negligence action, the jury found that the plaintiff did not suffer any injury or damages as a result of any act of the defendant. Accordingly, the plaintiff did not prevail on her cause of action which required both negligence and an injury resulting therefrom. Therefore, because the jury found that there was no nexus or causal relation between the defendant's act and the plaintiff's injury, if any, the defendant must be deemed the prevailing party. This case is remanded back to the trial court for the trial court to determine and award costs payable by the plaintiff to the defendant. See Militana v. Ladd, 580 So.2d 605 (Fla. 3d DCA 1992). In all other respects the judgment is affirmed.

Affirmed in part; reversed in part and remanded with instructions.


Summaries of

Cabezas v. Denning

District Court of Appeal of Florida, Third District
May 28, 1997
695 So. 2d 821 (Fla. Dist. Ct. App. 1997)
Case details for

Cabezas v. Denning

Case Details

Full title:TERRY CABEZAS, Appellant/Cross Appellee, vs. ZORAIDA DENNING…

Court:District Court of Appeal of Florida, Third District

Date published: May 28, 1997

Citations

695 So. 2d 821 (Fla. Dist. Ct. App. 1997)