Malec v. Halter

Florida District Courts of Appeal
Malec v. Halter, 216 So. 2d 782 (1968)
Barkdull, Carroll, Pearson

Malec v. Halter

Opinion of the Court

PER CURIAM.

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.

Reference

Full Case Name
Barbara MALEC v. Millicent HALTER
Cited By
3 cases
Status
Published