Malec v. Halter, 216 So. 2d 782

PER CURIAM.

Appellant [plaintiff in the trial court] seeks review of a favorable jury verdict, contending that the trial judge committed error when he refused to permit medical bills [incurred as a result of an alleged accident] to be introduced by the plaintiff, who was a married woman.

At common law, the prevailing party plaintiff could not seek review of a favorable verdict. This has been modified in this State by judicial rulings. Paul v. Kanter, Fla.App.1963, 155 So.2d 402; 2 Fla.Jur., Appeals, § 10. A condition permitting a plaintiff [recovering a favorable verdict] to seek appellate review is that a motion for new trial be addressed to the trial court urging inadequacy of the verdict. Guarria v. State Road Department of Florida, Fla.App.1960, 117 So.2d 5; Paul v. Kanter, supra. This was not done in the instant case and, therefore, we do not disturb the verdict and final judgment here under review.

Affirmed.

Case Details

Case Name: Malec v. Halter

Court Name: District Court of Appeal of Florida

Date Published: Dec 16, 1968

Citations: 216 So. 2d 782; No. 68-422

Docket Number: No. 68-422

Court Abbreviation: Fla. Dist. Ct. App.