Florida District Courts of Appeal, 1983

Wallace v. Sears, Roebuck & Co.

Florida District Courts of Appeal · Decided December 7, 1983 · Glickstein, Goldman, Murray, Walden

442 So. 2d 1029; 1983 Fla. App. LEXIS 25054 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

WALDEN, J., and GOLDMAN, MURRAY, Associate Judge, concur. GLICKSTEIN, J., concurs with opinion.

Concurring Opinion

GLICKSTEIN, Judge,

concurring specially:

I concur in the result, affirming the trial court’s granting of a directed verdict, although it was done for the wrong reason. Had appellant established liability, he would have been entitled to nominal damages. See Muroff v. Dill, 386 So.2d 1281 (Fla. 4th DCA 1980), petition for review denied, 392 So.2d 1377 (Fla. 1981). However, he failed to make a prima facie case of liability. The trial judge directed the verdict, finding a prima facie case of liability but also finding a failure to properly establish damages.

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