Citizens Prop. Ins. Corp. v. Jaehnig

Full title: Citizens Property Insurance Corporation, Appellant, v. Miriam Jaehnig, et…

Court: Florida Court of Appeals, Third District

Date published: Dec 18, 2024

No. 3D23-1997 (Fla. Dist. Ct. App. Dec. 18, 2024)

Opinion

3D23-1997

12-18-2024

Citizens Property Insurance Corporation, Appellant, v. Miriam Jaehnig, et al., Appellees.

Traub Lieberman Straus &Shrewsberry LLP, C. Ryan Jones, Brandon R. Christian and Scot E. Samis (St. Petersburg), for appellant. Giasi Law, P.A. and Melissa A. Giasi (Tampa), for appellees.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County, Lourdes Simon, Judge. Lower Tribunal No. 2021-12855-CA-01

Traub Lieberman Straus &Shrewsberry LLP, C. Ryan Jones, Brandon R. Christian and Scot E. Samis (St. Petersburg), for appellant.

Giasi Law, P.A. and Melissa A. Giasi (Tampa), for appellees.

Before LOGUE, C.J., and GORDO and LOBREE, JJ.

PER CURIAM.

Affirmed. See Gonzalez v. Rose, 752 So.2d 39, 41 (Fla. 3d DCA 2000) ("Florida law is clear that decisions regarding jury instructions rest within the sound discretion of the trial court and should not be overturned on appeal absent a showing of prejudicial error . . . Prejudicial error requiring a reversal of judgment or a new trial occurs only where 'the error complained of has resulted in a miscarriage of justice.' A 'miscarriage of justice' arises where instructions are reasonably calculated to confuse or mislead the jury . . . We do not believe that the appellants have met their burden under this standard." (quoting Goldschmidt v. Holman, 571 So.2d 422, 425 (Fla.1990))); Cruz v. Plasencia, 778 So.2d 458, 461 (Fla. 3d DCA 2001) ("It is well settled that jury instructions must be examined and considered as a whole together with the evidence, and in this case, the verdict form, in determining whether the jury instructions were proper. Ultimately, such a decision must turn on whether the appellate court finds from the record on appeal that the jury was misled by the failure to give the instruction. As held by the Florida Supreme Court . . . a verdict will not be set aside merely because the court failed to give instructions which might have been properly given; to warrant reversal of a judgment for an erroneous instruction, the court must be satisfied that the jury was misled; the refusal to give a proper instruction which would have availed the party nothing is harmless error." (quoting Gallagher v. Fed. Ins. Co., 346 So.2d 95, 97 (Fla. 3d DCA 1977))).