Malec v. Halter
Cases that cite this one
3 later published cases cite this decision.
- Vega v. Cosmopolitan Mutual Insurance (Fla. Dist. Ct. App. 1976)
- Morrison v. Bohne (Fla. Dist. Ct. App. 1973)
- O'Leary v. Watson (Fla. Dist. Ct. App. 1972)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant [plaintiff in the trial court] seeks review of a favorable jury verdict, contending that the trial judge committed error when he refused to permit medical bills [incurred as a result of an alleged accident] to be introduced by the plaintiff, who was a married woman.
At common law, the prevailing party plaintiff could not seek review of a favorable verdict. This has been modified in this State by judicial rulings. Paul v. Kanter, Fla.App.1963, 155 So.2d 402; 2 Fla.Jur., Appeals, § 10. A condition permitting a plaintiff [recovering a favorable verdict] to seek appellate review is that a motion for new trial be addressed to the trial court urging inadequacy of the verdict. Guarria v. State Road Department of Florida, Fla.App.1960, 117 So.2d 5; Paul v. Kanter, supra. This was not done in the instant case and, therefore, we do not disturb the verdict and final judgment here under review.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.