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355 So. 2d 446

McNash v. Oxenhandler

District Court of Appeal of Florida

Decided February 14, 1978

District Court of Appeal of Florida · decided 1978-02-14

Good law ✅— No negative treatment on recordhow we know

Decided 1978-02-14

How this case has been cited

Cited by 9 later decisions — most recently January 2019

9 state decisions

3019781980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1This is the second time we have had an opportunity to review an award for appellants in this case.

¶2Mildred McNash and her son, Walter, were injured in an automobile accident. Mildred, her husband and son sued the alleged tort-feasor and recovered a jury verdict which, on appeal, was reversed on the grounds of inadequacy. Upon remand the parties submitted the case to the court without a jury based upon the testimony adduced at the original trial, plus additional live testimony of Mrs. McNash. The trial judge rendered an award substantially higher for both Mrs. McNash and her husband than the original jury award.

¶3Appellants still contend the award is inadequate, and we could well affirm a much larger award. However, we cannot say the record does not support the finding of the trial judge. Thus, to find as appellant suggests would require us to substitute our judgment for that of the trier of fact.

¶4Accordingly the judgment appealed from is affirmed.

¶5AFFIRMED.

CROSS, DOWNEY and DAUKSCH, JJ., concur.
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