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Vega v. Cosmopolitan Mutual Ins. Co.

District Court of Appeal of Florida, Third District
Aug 17, 1976
336 So. 2d 660 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1556.

August 17, 1976.

Appeal from the Circuit Court, Dade County, John Gale, J.

Edmond W. Frank, Miami, for appellants.

Pyszka, Kessler, Adams Solomon, Richard M. Gale, Miami, for appellee.

Before PEARSON and NATHAN, JJ., and SACK, MARTIN, Associate Judge.


The appellants, Francisco and Adelida Vega, were the plaintiffs in the trial court. They recovered a verdict in the amount of approximately $400. This appeal is from that judgment.

Errors are assigned upon an evidentiary ruling and claimed prejudicial statements by the attorney for the defendant made at closing argument. The plaintiffs, after receiving the verdict, did not file a motion for a new trial. We conclude that under these circumstances, the claimed inadequacy of the verdict was not presented to the trial court.

The judgment must be affirmed upon the authority of the rule stated in Morrison v. Bohne, Fla.App. 1973, 274 So.2d 896, and authorities cited therein. See also: O'Leary v. Watson, Fla.App. 1972, 263 So.2d 643; Malec v. Halter, Fla.App. 1968, 216 So.2d 782; Tampa Transit Lines, Inc. v. Smith, Fla.App. 1963, 155 So.2d 557.

Affirmed.


Summaries of

Vega v. Cosmopolitan Mutual Ins. Co.

District Court of Appeal of Florida, Third District
Aug 17, 1976
336 So. 2d 660 (Fla. Dist. Ct. App. 1976)
Case details for

Vega v. Cosmopolitan Mutual Ins. Co.

Case Details

Full title:FRANCISCO VEGA AND ADELIDA VEGA, HIS WIFE, ET AL., APPELLANTS, v…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 17, 1976

Citations

336 So. 2d 660 (Fla. Dist. Ct. App. 1976)

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We agree and accordingly remand for a new trial. Vega v. Cosmopolitan Mutual Ins. Co., 336 So.2d 660 (Fla.3d…