Florida District Courts of Appeal, 1995

Voutour v. Haynes

Voutour v. Haynes
Florida District Courts of Appeal · Decided September 22, 1995 · Frank, Fulmer, Parker
660 So. 2d 814; 1995 Fla. App. LEXIS 10094; 1995 WL 561250 (Southern Reporter, Second Series)

Voutour v. Haynes

Opinion of the Court

FRANK, Acting Chief Judge.

Deborah Voutour appeals from a final judgment which applied a setoff, in the amount of a pretrial settlement between the plaintiff and a co-defendant, to the amount of total damages awarded by the jury. We note that the trial court did not have the benefit of the Florida Supreme Court’s recent decision in Wells v. Tallahassee Memorial Regional Medical Ctr., Inc., 659 So.2d 249 (Fla. 1995), and we reverse and remand for the court to reassess damages pursuant to that decision.

PARKER and FULMER, JJ., concur.

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