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Fishback v. Townsend

District Court of Appeal of Florida, Second District
Nov 15, 1973
284 So. 2d 427 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-906.

September 26, 1973. Rehearing Denied November 15, 1973.

Appeal from the Circuit Court of Record for Hillsborough County, Henry O. Wilson, J.

B. Lee Elam of Barrs, Melendi, Williamson Burton, Tampa, for appellant.

No appearance for appellee.


This is an appeal from Final Judgment entered in favor of the Appellee in the Civil Court of Record in and for Hillsborough County, Florida.

Appellant complains of error in the granting of a Motion to Strike a loss of use claim arising out of a motor vehicle accident. The record before this Court reflects that the Appellant brought suit for damage to her motor vehicle which was alleged to be a total loss. Appellant also claimed damages for loss of use during the period of time required for replacement. The Appellee's Motion to Strike the loss of use claim was granted and that is the only ruling of the court below which is argued here.

The lower court found that Appellant had executed a release of all claims for a valuable consideration prior to the filing of her lawsuit and entered Final Judgment for Appellee, defendant below. In the light of this record it is apparent that the error, if any, complained of was harmless and the Judgment is, therefore, affirmed.

Affirmed.

McNULTY, A.C.J., and BOARDMAN, J., concur.


Summaries of

Fishback v. Townsend

District Court of Appeal of Florida, Second District
Nov 15, 1973
284 So. 2d 427 (Fla. Dist. Ct. App. 1973)
Case details for

Fishback v. Townsend

Case Details

Full title:LOIS E. FISHBACK, APPELLANT, v. LOUIS TOWNSEND, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 15, 1973

Citations

284 So. 2d 427 (Fla. Dist. Ct. App. 1973)