Casey v. Welch
Cases that cite this one
32 later published cases cite this decision. The 25 that cite it most often are listed here.
- Zanakis-Pico v. Cutter Dodge, Inc. (Haw. 2002)
- George Hunt, Inc. v. Wash-Bowl, Inc. (Fla. Dist. Ct. App. 1977)
- Suazo v. Resurgent Capital Services LP (United States District Court for the Southern District of Florida 2023)
- Hepp v. Paul Revere Life Insurance (United States District Court for the Middle District of Florida 2015)
- In re Standard Jury Instructions in Civil Case—Report No. 12-01 (Fla. 2013)
- Geico General Insurance Co. v. Hoy (Fla. Dist. Ct. App. 2013)
- Mobile Shelter Systems USA, Inc. v. Grate Pallet Solutions, LLC (United States District Court for the Middle District of Florida 2012)
- In re Standard Jury Instructions in Civil Cases—Report No. 09-01 (Fla. 2010)
- Natarajan v. Paul Revere Life Insurance (United States District Court for the Middle District of Florida 2010)
- Morgan Stanley & Co. v. Coleman Holdings (Fla. Dist. Ct. App. 2007)
- Laney v. American Equity Investment Life Ins. (United States District Court for the Middle District of Florida 2003)
- Standard Jury Instructions-Civil Cases (No. 02-1) (Fla. 2002)
- Standard Jury Inst.-Civil Cases (No. 99-2) (Fla. 2000)
- Coghlan v. AQUASPORT MARINE CORP. (District Court, S.D. Texas 1999)
- Jenne v. BROWARD SERVICE CENTER, INC. (Fla. Dist. Ct. App. 1998)
- Standard Jury Instructions-Civil Cases (Fla. 1993)
- Mitchell v. VLI Corp. (United States District Court for the Middle District of Florida 1992)
- Judin v. L.M. Park, Inc. (Fla. Dist. Ct. App. 1992)
- Halpern v. Rood (Florida Circuit Courts 1991)
- Lyle v. National Savings Life Insurance Co. (Fla. Dist. Ct. App. 1990)
- Sussex Mutual Insurance Co. v. Gabor (Fla. Dist. Ct. App. 1990)
- Empire Fire & Marine Ins. Co. v. Black (Fla. Dist. Ct. App. 1989)
- National Standard Life Insurance Co. v. Garner (Fla. Dist. Ct. App. 1988)
- Parham v. East Bay Raceway (Fla. Dist. Ct. App. 1983)
- Haendel v. Paterno (Fla. Dist. Ct. App. 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
CASEY
v.
WELCH.
Supreme Court of Florida, Special Division A.
D.O. Casey, in pro. per.
Leonard M. Robbins and Robbins and Cannova, all of Hollywood, for appellee.
PER CURIAM.
This was an action for fraud instituted in the court below by plaintiff-appellee against defendant-appellant. From a verdict and judgment in favor of plaintiff, this appeal has been taken by defendant.
The question of misrepresentation is one of fact for the jury, under proper supervision of the court; and, since *125 there was adequate evidence to support the verdict in that respect, the judgment would ordinarily be affirmed. However, due to developments occurring subsequent to the time of the filing of suit, the plaintiff was unable to prove any damage, and the record is devoid of evidence that plaintiff was injured by the defendant's misrepresentations. "It is of the very essence of an action of fraud or deceit that the same shall be accompanied by damage, and neither damnum absque injuria nor injuria absque damnum by themselves constitute a good cause of action." Sutton v. Gulf Life Ins. Co., 138 Fla. 692, 189 So. 828, 829.
All other questions raised have been considered, and we find no reversible error. However, for the reason above stated, the judgment should be reversed and the cause remanded.
Reversed and remanded.
SEBRING, C.J., and TERRELL, ADAMS and ROBERTS, JJ., concur.
THOMAS, J., agrees to conclusion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.