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Dunlop v. Jack Eckerd Corporation

District Court of Appeal of Florida, Fourth District
Mar 7, 1984
446 So. 2d 244 (Fla. Dist. Ct. App. 1984)

Opinion

No. 82-2022.

March 7, 1984.

Appeal and cross appeal from Circuit Court, Broward County; Mark E. Polen, Judge.

Nancy Little Hoffmann of Hoffmann Burris, P.A., and Scott A. DiSalvo of Fazio, Dawson DiSalvo, Fort Lauderdale, for appellants/cross appellees.

Michael J. Ferrin of Beverly Freeman, West Palm Beach, for Consolidated Aluminum.

Paul R. Regensdorf and Jonathan L. Gaines of Fleming, O'Bryan Fleming, Fort Lauderdale for appellees/cross appellants Eckerd and Chubb.


This cause is per curiam affirmed. We are not united on what we individually would have done at the trial level, but we are all firmly of the opinion that the granting of a new trial was within the trial court's discretion and therefore not reversible. Wackenhut Corp. v. Canty, 359 So.2d 430 (Fla. 1978).

Before a new trial is had on this cause, we would urge the trial court to ensure full discovery on the question of accidents involving comparable stepladders. Once again, while we do not feel we can reverse the finding of a good faith effort to comply with the discovery orders, we are concerned with the adequacy of the answers given.

LETTS, BERANEK and HERSEY, JJ., concur.


Summaries of

Dunlop v. Jack Eckerd Corporation

District Court of Appeal of Florida, Fourth District
Mar 7, 1984
446 So. 2d 244 (Fla. Dist. Ct. App. 1984)
Case details for

Dunlop v. Jack Eckerd Corporation

Case Details

Full title:DAVID DUNLOP AND M. JEANETTE DUNLOP, APPELLANTS/CROSS APPELLEES, v. JACK…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 7, 1984

Citations

446 So. 2d 244 (Fla. Dist. Ct. App. 1984)