83 So. 3d 900
Fla. Dist. Ct. App.2012Background
- Regions seeks to reverse an order denying its motion to set aside the jury verdict and to remand for a new trial.
- Regions argues the trial court erred by not giving Fabre instructions on apportionment of fault among CSI and non-party accountants.
- Pass Sklar owns Pass Sklar Center, with Regions as a one-third limited partner; CSI is the general partner.
- Ramos, CSI’s on-site manager, diverted Pass Sklar rents to her own account over several years; Regions and Pass Sklar pursued remedies against CSI and accounting firms.
- Ramos was confronted, arrested, convicted, and the related civil claims proceeded to trial where the jury apportioned fault.
- The court denied Fabre-based relief and entered final judgment; Regions appeals to obtain a Fabre-based remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fabre instructions were required | Regions argues Fabre applies to apportion fault to non-parties. | Pass Sklar argues non-party fault not properly raised as required. | Fabre instructions required; new trial limited to apportionment. |
| Whether non-party accountants should be included in apportionment | Regions supported including non-parties for fault allocation. | Non-parties insufficiently pleaded; not included on verdict form. | Non-parties must be included on verdict form; remand for apportionment only. |
| Scope of remand after Fabre error | Remand should address only apportionment, not all liability or damages. | Remand broader to reassess damages as well. | Remand limited to apportionment issue; damages remain unchanged. |
Key Cases Cited
- Fabre v. Marin, 623 So.2d 1182 (Fla.1993) (apportionment requires including non-parties on verdict form)
- Nash v. Wells Fargo Guard Servs., Inc., 678 So.2d 1262 (Fla.1996) (affirmative defense required to plead non-party fault)
- Lagueux v. Union Carbide Corp., 861 So.2d 87 (Fla. 4th DCA 2003) (pleading requirement for non-party fault)
- Schindler Elevator Corp. v. Viera, 693 So.2d 1106 (Fla. 3d DCA 1997) (limit new trial to apportionment when Fabre error occurred)