Limor v. Conli

Florida District Courts of Appeal
Limor v. Conli, 424 So. 2d 31 (1982)
1982 Fla. App. LEXIS 21712
Baskin, Ferguson, Hendry

Limor v. Conli

Opinion of the Court

BASKIN, Judge.

We affirm the final judgment awarding appellees a brokerage commission, the judgment indemnifying appellees, and the judgment for costs. Appellant, as the third-party defendant-indemnitor, may not complain that the verdict was inadequate when any error inured to his benefit, McMullen v. Hoofnagle, 106 Fla. 16, 142 So. 598 (1932); Golden v. Harrell, 147 So.2d 350 (Fla. 2d DCA 1962), cert. denied, 155 So.2d 150 (Fla. 1963); see Edmundson v. Swope, 395 So.2d 553 (Fla. 5th DCA 1980); thus, appellant’s contention that the evidence supported only a larger award than that returned by the jury, or nothing at all, is unavailing. Because appellant failed to request a jury instruction on damages and objected neither to the verdict forms nor to the instructions, accord Golden v. Harrell; see Wright v. Coca Cola Bottling Co. of Miami, 256 So.2d 56 (Fla. 4th DCA 1971); Fla.R.Civ.P. 1.470, we reject his contention.

Appellant declined to appear and defend the action seeking indemnification under the contract although he received timely notice; consequently the third-party complaint resulted in a conclusive adverse judgment. McArthur v. Gaines, 286 So.2d 608 (Fla. 3d DCA 1973); Olin’s Rent-A-Car System, Inc. v. Royal Continental Hotels, Inc., 187 So.2d 349 (Fla. 4th DCA), cert. denied, 194 So.2d 621 (Fla. 1966); Westinghouse Electric Corp. v. J.C. Penney Co., 166 So.2d 211 (Fla. 1st DCA 1964); see Hull & Company v. McGetrick, 414 So.2d 243 (Fla. 3d DCA 1982).

We reject as without merit appellant’s remaining contentions.

Affirmed.

Reference

Full Case Name
Avi LIMOR v. Nanci CONLI, Realtor, individually and for the Use and Benefit of Joe COMESANA, Nathaniel Ambers, and Ayke Rattansey, as Trustee
Cited By
3 cases
Status
Published