Florida District Courts of Appeal, 1994

City of Homestead v. Martins

City of Homestead v. Martins
Florida District Courts of Appeal · Decided November 23, 1994 · Baskin, Green, Schwartz
645 So. 2d 187; 1994 Fla. App. LEXIS 11361; 1994 WL 656783 (Southern Reporter, Second Series)

City of Homestead v. Martins

Opinion of the Court

PER CURIAM.

Appellant/Cross-Appellee City, of Homestead d/b/a James Archer Smith Hospital [Hospital] appeals a final judgment and post-trial order denying motion for remittitur/new trial. Joaquin and Maria Martins cross-appeal. We reverse on appeal and affirm on cross-appeal.

Hospital correctly argues that pursuant to Fabre v. Marin, 623 So.2d 1182 (Fla. 1993), the trial court erred in entering a judgment against Hospital for an amount exceeding the percentage of liability apportioned to it by the jury. We reverse the judgment and remand for entry of judgment against Hospital in the proportionate amount of liability reflected by the jury’s finding.

The remaining points on appeal and cross-appeal lack merit.

Reversed and remanded.

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