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424 So. 2d 31

Limor v. Conli

District Court of Appeal of Florida

Decided November 23, 1982

District Court of Appeal of Florida · decided 1982-11-23

Relies on Westinghouse Electric Corp. v. JC Penney Co. · State v. Davis · 187 So. 2d 349 - Olin's Rent-A-Car Sys., Inc. v. Royal Continental Hotels, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1982-11-23

How this case has been cited

Cited by 3 later decisions — most recently July 2003

3 state decisions

10198219902000decided

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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BASKIN, Judge.

¶1We affirm the final judgment awarding appellees a brokerage commission, the judgment indemnifying appellees, and the judgment for costs. Appellant, as the third-party defendant-indemnitor, may not complain that the verdict was inadequate when any error inured to his benefit, McMullen v. Hoofnagle, 106 Fla. 16, 142 So. 598 (1932); Golden v. Harrell, 147 So.2d 350 (Fla. 2d DCA 1962), cert. denied, 155 So.2d 150 (Fla.1963); see Edmundson v. Swope, 395 So.2d 553 (Fla. 5th DCA 1980); thus, appellant’s contention that the evidence supported only a larger award than that returned by the jury, or nothing at all, is unavailing. Because appellant failed to request a jury instruction on damages and objected neither to the verdict forms nor to the instructions, accord Golden v. Harrell; see Wright v. Coca Cola Bottling Co. of Miami, 256 So.2d 56 (Fla. 4th DCA 1971); Fla.R.Civ.P. 1.470, we reject his contention.

¶2Appellant declined to appear and defend the action seeking indemnification under the contract although he received timely notice; consequently the third-party complaint resulted in a conclusive adverse judgment. McArthur v. Gaines, 286 So.2d 608 (Fla. 3d DCA 1973); Olin’s Rent-A-Car System, Inc. v. Royal Continental Hotels, Inc., 187 So.2d 349 (Fla. 4th DCA), cert. denied, 194 So.2d 621 (Fla.1966); Westinghouse Electric Corp. v. J.C. Penney Co., 166 So.2d 211 (Fla. 1st DCA 1964); see Hull & Company v. McGetrick, 414 So.2d 243 (Fla. 3d DCA 1982).

¶3We reject as without merit appellant’s remaining contentions.

¶4Affirmed.

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