Blue v. Williams
| Citation | 200 So.2d 626 |
| Decision Date | 27 June 1967 |
| Docket Number | No. 66--844,66--844 |
| Parties | Roosevelt BLUE, Appellant, v. Lucious WILLIAMS and Florida Wholesale Drugs, Inc., a Florida corporation, Appellees. |
| Court | Florida District Court of Appeals |
Feldman & Abramson, Miami, for appellant.
Poole & Vogelsang, Miami, for appellees.
Before HENDRY, C.J., and CHARLES CARROLL and SWANN, JJ.
Trial was held upon appellant-plaintiff's complaint in negligence, and the jury returned the following verdict:
'We, the Jury, find for the Plaintiff Roosevelt Blue and assess his damages in the sum of zero ($000.00) Dollars.'
The transcript of the proceedings below is not before this court. However, the record on appeal indicates that upon this verdict, the trial judge entered a judgment for the defendant. Plaintiff brings this appeal.
This court has said that it is error to enter judgment for the defendant upon a verdict for the plaintiff. Carroll v. Hertz Corporation, Fla.App.1961, 132 So.2d 624. Consequently, a judgment should have been rendered for the plaintiff, and costs should have been taxed against the defendant pursuant to § 58.04, Fla.Stat., F.S.A. Raffel v. Magarian, Fla.App.1964, 165 So.2d 249.
The judgment appealed is reversed, and the cause is remanded with directions to enter judgment upon the jury verdict for appellant as well as costs for such sums as the court shall find are legally taxable.
Reversed and remanded with directions.
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Sunshine Bottling Co. v. Tropicana Products, Inc.
...Racquetball Investment, Ltd., 658 So.2d 1119 (Fla. 3d DCA 1995); Upson v. Hazelrig, 444 So.2d 1127 (Fla. 3d DCA 1984); Blue v. Williams, 200 So.2d 626 (Fla. 3d DCA 1967); Raffel v. Magarian, 165 So.2d 249 (Fla. 3d DCA However, we find Sunshine is not entitled to attorneys' fees because noth......
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Tacher v. Mathews, 3D01-3369.
...the case en banc to consider the intra-district conflict between Upson v. Hazelrig, 444 So.2d 1127 (Fla. 3d DCA 1984), Blue v. Williams, 200 So.2d 626 (Fla. 3d DCA 1967), and Raffel v. Magarian, 165 So.2d 249 (Fla. 3d DCA 1964), all of which concluded that costs should go to the plaintiff u......
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Propst v. Neily, 84-908
...regardless of the amount of damages assessed. He relies on two cases for this proposition. We distinguish both. In Blue v. Williams, 200 So.2d 626, 627 (Fla. 3d DCA 1967), the jury found "for the Plaintiff ... and assess[ed] his damages in the sum of zero ... Dollars." The Propst jury made ......