Stevens Markets, Inc. v. Markantonatos, 64-746

• Decision Date: 22 June 1965
• Docket Number: No. 64-746,64-746
• Citation: 177 So.2d 51
• Parties: STEVENS MARKETS, INC., a Florida corporation, and Gray Security Service, Inc., a Florida corporation, Appellants, v. Irene MARKANTONATOS, a minor, by her father and next friend, Nick Markantonatos, and Nick Markantonatos, individually, Appellees.
• Court: Florida District Court of Appeals

Page 51

177 So.2d 51

STEVENS MARKETS, INC., a Florida corporation, and Gray Security Service, Inc., a Florida corporation, Appellants, v.Irene MARKANTONATOS, a minor, by her father and next friend, Nick Markantonatos, and Nick Markantonatos, individually, Appellees.

No. 64-746.

District Court of Appeal of Florida, Third District.

June 22, 1965.

Rehearing Denied Aug. 9, 1965.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, for appellants.

Kelner & Lewis, Miami, for appellees.

Before BARKDULL, C. J., and TILLMAN PEARSON and SWANN, JJ.

PER CURIAM.

This is an appeal by the defendants in the trial court from an adverse jury verdict and final judgment entered thereon.The causes of action were for false imprisonment, unlawful detention, unauthorized search, and assault and battery.The appellant has preserved a number of points for review, some of which we will dispose of in reliance upon the following authorities: Esch v. Forster, 123 Fla. 905, 168 So. 229;Welch v. Gray Moss Bondholders Corporation, 128 Fla. 722, 175 So. 529;Winn & Lovett Grocery Co. v. Archer, 1936, 126 Fla. 308, 171 So. 214;Smith v. Whidden, Fla.1956, 87 So.2d 42;Garrison v. Hertz Corporation, Fla.App.1961, 129 So.2d 452;David Properties, Inc. v. Selk, Fla.App.1963, 151 So.2d 334;Hart Properties, Inc. v. Slack, Fla.1963, 159 So.2d 236;Spencer Ladd's, Inc. v. Lehman, Fla.App.1964, 167 So.2d 731.

A more difficult question is presented in determining the propriety of the trial court's action upon receipt of the jury's verdicts.As originally received, the verdicts were for the sum of No Dollars compensatory damages and $5,000.00 punitive damages for the minor plaintiff, Irene Markantonatos, and $1,500.00 compensatory damages for her father on his derivative claim.Upon the verdicts being delivered to the court by the clerk, he called counsel to the bench and indicated that the verdicts were not in accordance with the instructions given, and indicated an obvious misunderstanding by the jury of said instructions.Thereupon, he reinstructed the jury to retire and further consider the compensatory award to the minor plaintiff, without further considering the punitive damages awarded to her or the compensatory award to her father.

It appears that ordinarily a verdict of No Dollars is a good verdict in the State of Florida.See: Higbee v. Dorigo, Fla.1953, 66 So.2d 684;Bowser v. Harder, Fla.App.1957, 98 So.2d 752.However, when it is apparent that the jury has misunderstood the court's instructions and rendered a defective verdict, they may be reinstructed and returned to the jury room.See: Rentz v. Live Oak Bank, 61 Fla. 403, 55 So. 856.Here, where it was apparent that the jury intended to award the minor plaintiff a verdict but had misinterpreted the court's instructions and rendered a defective verdict, ...