Florida District Courts of Appeal, 1979

Rosenson v. City of Miami

Rosenson v. City of Miami
Florida District Courts of Appeal · Decided November 27, 1979 · Bitt, Hubbart, Nes, Pearson
377 So. 2d 749; 1979 Fla. App. LEXIS 16165 (Southern Reporter, Second Series)

Rosenson v. City of Miami

Opinion of the Court

PER CURIAM.

We affirm the final judgments appealed from which were entered by the trial court after a non-jury trial on a claim and counterclaim sounding in negligence on the grounds that (1) the alleged erroneous rulings on various evidentiary matters at trial constituted harmless error in the context of this case, § 59.041, Fla.Stat. (1977), and (2) the finding of no damages on the counterclaim was a permissible conclusion on this record which this court has no authority to upset on appeal in view of (a) the conflicting evidence at trial as to whether the counter-plaintiff sustained any compensable personal damages in the subject accident, Shaw v. Shaw, 334 So.2d 13, 16 (Fla. 1976); and (b) the insufficient evidence at trial as to whether the counter-plaintiff sustained any compensable property damages in the subject accident. Travelers Indemnity Co. v. Skyway Marine, Inc., 251 So.2d 327 (Fla. 3d DCA 1971).

Affirmed.

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