Summary
reversing and remanding for a new trial because trial court abused its discretion by failing to disclose to the jury plaintiffs settlement with defendant who remained in trial
Summary of this case from Packaging Corp. of America v. DeryckeOpinion
No. 92-1854.
January 20, 1994.
Appeal from the Circuit Court, Duval County, Ellis T. Fernandez, J.
Raymond Ehrlich, Susan Turner of Holland Knight, Jacksonville and Tallahassee and Harris B. Brown and Reginald Luster of Osborne, McNatt, Shaw, O'Hara, Brown Obringer, Jacksonville, for appellants.
Maria P. Sperando of Gary, Williams, Parenti, Finney Lewis, Fort Pierce, for appellee.
Among the issues raised in this appeal of a negligence action is appellants' contention that the trial court abused its discretion in denying appellants' motion to dismiss a codefendant, Ephesus Junior Academy, after it had settled or, in the alternative, to disclose the settlement agreement to the jury. Pursuant to the decision of the Florida Supreme Court in Dosdourian v. Carsten, 624 So.2d 241 (Fla. 1993), we find that the trial court did not abuse its discretion in refusing to dismiss the Academy after it had settled, but that the trial court did abuse its discretion in failing to disclose the settlement agreement to the jury. Id. at 247-8. Accordingly, we must vacate the judgment rendered and remand the case for a new trial. We find it unnecessary to address any of the other issues raised on appeal.
VACATED and REMANDED for new trial.
JOANOS, MINER and KAHN, JJ., concur.