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State Department of Corr. v. Niosi

District Court of Appeal of Florida, Fourth District
Dec 6, 1989
552 So. 2d 244 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-0641.

November 1, 1989. Rehearing Denied December 6, 1989.

Appeal from the Circuit Court for Broward County; Robert J. Fogan, Judge.

Robert A. Butterworth, Atty. Gen., Gary L. Printy and George L. Waas, Asst. Attys. Gen., Tallahassee, for appellant.

Richard M. Altman, Fort Lauderdale, for appellee.


While appellant raises two issues, we conclude one of the issues to be determinative, thereby eliminating the necessity for consideration of the other.

The jury concluded that the plaintiff suffered no injury, therefore, he was entitled to only nominal damages. Accordingly, we reverse the judgment awarding $20,000 in damages and remand with direction to enter a new judgment reducing the award amount for the plaintiff to nominal damages only.

GLICKSTEIN, WALDEN and GUNTHER, JJ., concur.


Summaries of

State Department of Corr. v. Niosi

District Court of Appeal of Florida, Fourth District
Dec 6, 1989
552 So. 2d 244 (Fla. Dist. Ct. App. 1989)
Case details for

State Department of Corr. v. Niosi

Case Details

Full title:STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS, APPELLANT, v. KEVIN NIOSI…

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 6, 1989

Citations

552 So. 2d 244 (Fla. Dist. Ct. App. 1989)

Citing Cases

State, Dept. of Corrections v. Niosi

PER CURIAM. This case was before this court previously ( see State v. Niosi, 552 So.2d 244 (Fla. 4th DCA…