Opinion
No. 97-2538.
Opinion filed July 1, 1998. JANUARY TERM 1998 Reconsideration Denied July 7, 1998.
Appeal and cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. No. CL 96-3597 AN.
Richard A. Sherman and Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale and Gary S. Dickstein of Dickstein, Reynolds Woods, West Palm Beach, for Appellants/Cross-Appellees.
Donald F. Mintmire, Jeffrey A. Shaffer and Paul Safran, Jr., of Mintmire Associates, Palm Beach, for Appellees/Cross-Appellants — Stephen Durland and Victoria Durland.
We affirm the trial court's entry of directed verdict holding that the bridge tender did not owe a duty of care to appellees. See McCain v. Florida Power Corp., 593 So.2d 500 (Fla. 1992). Further, we affirm the trial court's Order Granting New Trial. However, we remand to the trial court to conduct a jury trial only as to the issue of apportionment of fault between appellants and appellees. See Nash v. Wells Fargo Guard Servs., Inc., 678 So.2d 1262 (Fla. 1996); see also Schindler Elevator Corp. v. Viera, 693 So.2d 1106 (Fla. 3d DCA), review denied, 700 So.2d 687 (Fla. 1997).
AFFIRMED; REMANDED WITH DIRECTIONS.
STONE, C.J., GUNTHER and SHAHOOD, JJ., concur.