From Casetext: Smarter Legal Research

McCandless v. Diocese

District Court of Appeal of Florida, First District
May 12, 1993
616 So. 2d 608 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-1012.

April 8, 1993. Rehearing Denied May 12, 1993.

An appeal from the Circuit Court for Escambia County; William Anderson, Judge.

Joseph L. Hammons, Hammons Whittaker, P.A., Pensacola, for appellant.

A.G. Condon, Jr. and Karen O. Emmanuel, Emmanuel, Sheppard Condon, Pensacola, for appellee.


Appellant, plaintiff in the trial court, seeks review of an order denying her motion for a new trial. Having reviewed the entire record with care, we conclude that appellant has failed to demonstrate that the trial court abused its discretion. Accordingly, we affirm. See Stapleton v. Bisignano, 605 So.2d 1010 (Fla. 4th DCA 1992).

AFFIRMED.

ALLEN and WEBSTER, JJ., concur.

ZEHMER, J., concurs in part and dissents in part with written opinion.


I would reverse the damage award and remand for a new trial on damages only because the jury's verdict awarded zero dollars for future damages despite the uncontradicted and undisputed evidence of permanent injury to appellant. However, I agree with the majority's affirmance in respect to the other points on appeal.


Summaries of

McCandless v. Diocese

District Court of Appeal of Florida, First District
May 12, 1993
616 So. 2d 608 (Fla. Dist. Ct. App. 1993)
Case details for

McCandless v. Diocese

Case Details

Full title:LISA McCANDLESS, APPELLANT, v. THE DIOCESE OF PENSACOLA-TALLAHASSEE…

Court:District Court of Appeal of Florida, First District

Date published: May 12, 1993

Citations

616 So. 2d 608 (Fla. Dist. Ct. App. 1993)