History
  • No items yet
midpage
McIntyre v. McCloud
334 So. 2d 171
Fla. Dist. Ct. App.
1976
Check Treatment
334 So. 2d 171 (1976)

Lillie R. McINTYRE and Cleveland McIntyre, Her Husband, Appellants,
v.
Robert McCLOUD et al., Appellees.

No. 75-1420.

District Court of Appeal of Florida, Third District.

June 8, 1976.

Wolfson, Diamond, Logan & Edge and Elliott H. Lucas, Miami Beach, for appellants.

Stuart Simon, County Atty. and Thomas F. Valerius and Thomas Goldstein, Asst. County Attys., Weissenborn, Burr & Hyman, Miami, for appellees.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

In this personal injury action, the jury found from the evidence that the plaintiff-appellant did not sustain the injuries *172 alleged, which determination is unquestionably within the jury's province. Even assuming arguendo, that a "wrong" (in the form of negligence) was perpetrated by the defendants on the plaintiff, it is, nonetheless, well-established in the common law that there is no valid cause of action where there is shown to exist, at the very most, a "wrong" without "damage." See the general proposition in Scott-Steven Development Corp. v. Gables by the Sea, Inc., Fla.App. 1964, 167 So. 2d 763.

Affirmed.

Case Details

Case Name: McIntyre v. McCloud
Court Name: District Court of Appeal of Florida
Date Published: Jun 8, 1976
Citation: 334 So. 2d 171
Docket Number: 75-1420
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.