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362 So. 2d 85

Tidwell v. Toca

District Court of Appeal of Florida

Decided August 15, 1978

District Court of Appeal of Florida · decided 1978-08-15

Cited by 10 later decisions — most recently January 1998

10 state decisions

Key passage — most relied on by later courts

“A party may not complain of a verdict form to which he does not object.”

quoted by 1 later decision, including 707 So. 2d 753 - K-Mart Corp. v. Collins

Relies on Crawford v. DiMicco · 350 So. 2d 536 - Sweeney v. Wiggins

Good law ✅— No negative treatment on recordhow we know

Decided 1978-08-15

View the full empirical analysis of this case →

Charles Ray TIDWELL, Sr., As Natural Father and Guardian of Charles Ray Tidwell, Jr., a Minor, and Charles Ray Tidwell, Sr., Individually, Appellants,
v.
William H. TOCA, Yolanda Toca, and Allstate Insurance Company, Appellees.

No. 77-2144.

¶1District Court of Appeal of Florida, Third District.

August 15, 1978.

¶2Mark J. Feldman, Miami, for appellants.

¶3Adams & Ward and Ramon E. Rasco, Miami, for appellees.

¶4Before HAVERFIELD, C.J., and PEARSON and HENDRY, JJ.

¶5PER CURIAM.

¶6The plaintiffs suffered a jury verdict against them and appeal the final judgment upon a claim that the jury was inconsistent. The verdict was upon special interrogatories, as follows:

"1. What percentage of negligence, if any, do you find that WILLIAM H. TOCA, was guilty of in causing this accident?
% 0
2. What percentage of negligence, if any, do you find that CHARLES RAY *86 TIDWELL, JUNIOR, was guilty of in causing this accident?
% 100
3. What is the total amount of damages, if any, that you find CHARLES RAY TIDWELL, JR., has sustained as a direct and proximate result of the accident?
$4,500.00
4. What is the total amount of damages, if any, you find, that CHARLES RAY TIDWELL, SR. as natural father and guardian of CHARLES RAY TIDWELL, JR. has sustained as a direct and proximate result of the accident?
$3,500.00 SO SAY WE ALL"

¶7We hold that the verdict is not inconsistent under the rule stated in Crawford v. DiMicco,216 So.2d 769 (Fla. 4th DCA 1968). A party may not complain of a verdict form to which he does not object. It is clear that in the instant case, the verdict as submitted permitted a finding of an amount of damages without a finding of liability for the damages.

¶8Appellants' reliance upon this court's decision in Sweeney v. Wiggins,350 So.2d 536 (Fla. 3d DCA 1977), is misplaced since that case concerned a verdict which was clearly improper and was rejected by the trial court.

¶9Affirmed.

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