Keller Industries, Inc. v. Morgart, 81-1082
| Decision Date | 21 April 1982 |
| Docket Number | No. 81-1082,81-1082 |
| Citation | 412 So.2d 950 |
| Parties | KELLER INDUSTRIES, INC., Appellant, v. Robert MORGART and Wilma Morgart, his wife, Appellees. |
| Court | Florida District Court of Appeals |
Hubert W. Williams of Robertson, Williams, Duane, Lewis & Ranson, P. A., Orlando, for appellant.
Robert J. Felice of LaGrone & Felice, P. A., Orlando, for appellees.
This is an appeal from a judgment in a products liability case. While we agree with appellant that there was error regarding the inconsistent interrogatory verdicts, we cannot reverse the judgment. The fault should not be laid upon the trial judge; rather, it must be placed upon the defendant's trial attorney who led the court into error by approving, or failing to object to, the form of the verdict before it was submitted to the jury. Trial counsel also failed to bring the inconsistent verdicts to the attention of the trial court before the jury was discharged thus preventing the timely correction of the problem by the trial judge. For all we know, defendant's trial counsel intentionally, for tactical reasons, chose not to bring the problem to the court's attention. Counsel for appellant on appeal was not trial counsel. See Robbins v. Graham, 404 So.2d 769 (Fla. 4th DCA 1981); Department of Transportation v. Denmark, 366 So.2d 476 (Fla. 4th DCA 1979); Lindquist v. Covert, 279 So.2d 44 (Fla. 4th DCA 1973).
AFFIRMED.
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Francois v. Wainwright
...applies when appellant affirmatively requests the error, acquiesces therein, or fails to object thereto, Keller Industries v. Morgart, 412 So.2d 950 (Fla.Dist.Ct.App.1982); Bould v. Touchette, 349 So.2d 1181, 1186 (Fla.1977), the Florida courts also apply the doctrine when, as here, the app......
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Volusia County v. Niles, 83-502
...Mutual Liability Ins. Co., 427 So.2d 199 (Fla. 2d DCA 1982), review denied, 434 So.2d 887 (Fla.1983); Keller Industries, Inc. v. Morgart, 412 So.2d 950 (Fla. 5th DCA 1982). Thus, a litigant may not urge error with respect to instructions given at his own request. See, e.g., Glabvo Dredging ......
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City of Coral Gables v. Prats
...it submitted the interrogatory verdict to the trial court. See Bould v. Touchette, 349 So.2d 1181 (Fla.1977); Keller Industries, Inc. v. Morgart, 412 So.2d 950 (Fla. 5th DCA 1982). We disagree with appellees. The jury complied with the instructions provided in the interrogatory verdict and ......
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Hill v. Department of Corrections, State of Fla.
...Rosario v. Melvin, 446 So.2d 1158 (Fla. 2d DCA 1984). Likewise, the Fifth District Court of Appeal noted in Keller Industries, Inc. v. Morgart, 412 So.2d 950 (Fla. 5th DCA 1982): The fault ... must be placed upon the ... trial attorney who led the court into error by approving, or failing t......