512 So. 2d 1120 | Fla. Dist. Ct. App. | 1987
This is an appeal from a final judgment entered after a non-jury trial awarding damages to Michael and Alexa Lazarus and their minor sons, Brett and Scott Lazarus. The judgment, in the total amount of $190,-458.57, consists of $126,000 for bodily injuries, medical expenses, pain and suffering, mental anguish, and loss of capacity for the enjoyment of life; $54,458.57 for property damages; and $10,000 for punitive damages. The amounts set forth in the judgment are supported by competent and substantial evidence, and we therefore reject appellant’s claims to the contrary.
Counsel for the defendant argues, however, that a judgment in this undifferentiated form is improper and that it is not possible to determine from this judgment the specific amounts to which the individual plaintiffs are entitled. While a defendant qua defendant ordinarily would have no interest in the allocation of the judgment between the plaintiffs, and thus no standing to complain, if the amount of the judgment to the minor were in excess of $5,000, a court-appointed guardian of the minor’s property is required to execute a satisfaction of the judgment. See § 744.387(3) & (4), Fla.Stat. (1985). Thus, for the purpose of determining if the judgment for the minor exceeds $5,000, the defendant correctly urged — even belatedly
Remanded.
. Counsel for the plaintiffs (parents) respond that this argument has been waived by the defendant's failure to raise it prior to its motion for rehearing below. However, we think the matter is one that can and must be entertained by the court at any time.
. It is clear from the record that the medical expenses incurred by the children were paid for by the parents and that the amount awarded for property damage was for property owned by the parents.
.If either child has attained his majority, he may request allocation of his portion of the judgment and participate in the allocation proceeding.