Florida District Courts of Appeal, 1991

Nolan v. D & K Financial Corp.

Nolan v. D & K Financial Corp.
Florida District Courts of Appeal · Decided February 14, 1991 · Cowart, Goshorn, Harris
574 So. 2d 291; 1991 Fla. App. LEXIS 1045; 1991 WL 16302 (Southern Reporter, Second Series)

Nolan v. D & K Financial Corp.

Opinion of the Court

HARRIS, Judge.

Margaret Nolan WRS involved in an automobile accident with Terrence Lakome who was operating a vehicle within the course and scope of his employment with D & K Financial Corporation. She sued both parties.

After a jury verdict in favor of Lakome and D & K, Nolan claims that the trial court erred in refusing to grant her a directed verdict on liability and in refusing to order a new trial. We find no error and affirm.

Nolan also contends on appeal that since the jury returned a defense verdict, attorney’s fees awarded pursuant to section 768.79, Florida Statutes (1987) was improper. We agree. See Oriental Imports, Inc. v. Alilin, 559 So.2d 442 (Fla. 5th DCA 1990); Gunn v. DePaoli, 562 So.2d 427 (Fla. 2nd DCA 1990).

Judgment for appellees AFFIRMED; award of attorney’s fees REVERSED and REMANDED for further action consistent with this opinion.

COWART and GOSHORN, JJ., concur.

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