Opinion
No. 75-1069.
May 14, 1976. Rehearing Denied June 16, 1976.
Petition for Writ of Certiorari to the Circuit Court for Broward County; George Richardson, Jr., Judge.
William E. Blyler, of Patterson, Maloney Shankweiler, Coral Springs, for petitioner.
John W. Fleming of Fleming, O'Bryan Fleming, Fort Lauderdale, for respondents.
Certiorari denied.
MAGER and CROSS, JJ., concur.
WALDEN, C.J., concurs in part and dissents in part.
I concur with the majority except as to appellant's third point. It is my opinion that the jury correctly and with clear intendment determined the question of liability (but not damages). Thus, the trial court should have entered judgment on the issue of liability saving only the issue of damages for re-trial. Atlantic Coast Line Railroad Company v. Turpak, 225 So.2d 340 (2d DCA Fla. 1969).