Lawn ex rel. Lawn v. Wasserman
Cases that cite this one
2 later published cases cite this decision.
- Diaz v. Green (Fla. Dist. Ct. App. 2000)
- Knabb v. Tompkins (Fla. Dist. Ct. App. 1971)
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
Plaintiff-appellants, the Lawns, appeal from a jury verdict entered in a trial as to damages only, based upon the opening of a default judgment ordered by this court in Lawn v. Wasserman, Fla.App.1969, 226 So.2d 261.
During a reported conference as to proposed jury instructions, the trial judge stated: “The objections are noted. The court will instruct on any loss of ability to earn money in the future.” The requested Florida Standard Jury Instruction § 6.2 was not actually given.
Our sister appellate courts have passed upon the failure of a trial judge to give a requested charge as to loss of ability to earn money in the future, where the judge had earlier ruled that he would give such an instruction. Capone v. Winn-Dixie Stores, Inc., Fla.App.1970, 233 So.2d 175, 177-178 and Powell v. Hegney, Fla.App.1970, 239 So.2d 599. They have held that this is reversible error. We agree, and reverse and remand for a new trial as to damages only. Therefore, we express no view as to the other points raised.
Reversed and remanded for a new trial as to damages only.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.