Canaveral Capital Corp. v. Bruce, 68--11

• Decision Date: 08 October 1968
• Docket Number: No. 68--11,68--11
• Citation: Canaveral Capital Corp. v. Bruce, 214 So.2d 505 (Fla. App. 1968)
• Parties: CANAVERAL CAPITAL CORPORATION, a Florida corporation, Appellant, v. Robert B. BRUCE, Appellee.
• Court: Florida District Court of Appeals

Page 505

214 So.2d 505

CANAVERAL CAPITAL CORPORATION, a Florida corporation, Appellant, v. Robert B. BRUCE, Appellee.

No. 68--11.

District Court of Appeal of Florida, Third District.

Oct. 8, 1968.

Rehearing Denied Oct. 25, 1968.

Stanley Haves, Miami, for appellant.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell and James H. Walsh, Miami, for appellee.

Before CHARLES CARROLL, C.J., and BARKDULL and HENDRY, JJ.

PER CURIAM.

This is an appeal by the plaintiff below from an adverse judgment entered on a jury verdict. The action was one charging the defendant, a certified public accountant, with negligence in preparation of a financial statement for lenders, on which the plaintiff relied in making a loan. The determinative question is whether the verdict was against the manifest weight of the evidence. On motions for judgment n.o.v. and for new trial the trial court rejected that contention of the plaintiff, and on consideration of the record and briefs on this appeal we agree with that ruling of the trial court.

The defendant accountant was not employed by the plaintiff. Assuming negligence as alleged on the part of the accountant, his liability to a third party with whom he was not in privity (if in fact such liability exists, see Sickler v. Indian River Abstract & Guaranty Co., 142 Fla. 528, 195 So. 195, 198) would require a showing on the part of the plaintiff third party that the accountant had been guilty of gross negligence, or, having knowledge that the third party intended to rely on the...