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McIntyre v. McCloud

District Court of Appeal of Florida, Third District
Jun 8, 1976
334 So. 2d 171 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1420.

June 8, 1976.

Appeal from the Circuit Court, Dade County, Donald E. Stone, J.

Wolfson, Diamond, Logan Edge and Elliott H. Lucas, Miami Beach, for appellants.

Stuart Simon, County Atty. and Thomas F. Valerius and Thomas Goldstein, Asst. County Attys., Weissenborn, Burr Hyman, Miami, for appellees.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


In this personal injury action, the jury found from the evidence that the plaintiff-appellant did not sustain the injuries alleged, which determination is unquestionably within the jury's province. Even assuming arguendo, that a "wrong" (in the form of negligence) was perpetrated by the defendants on the plaintiff, it is, nonetheless, well-established in the common law that there is no valid cause of action where there is shown to exist, at the very most, a "wrong" without "damage." See the general proposition in Scott-Steven Development Corp. v. Gables by the Sea, Inc., Fla.App. 1964, 167 So.2d 763.

Affirmed.


Summaries of

McIntyre v. McCloud

District Court of Appeal of Florida, Third District
Jun 8, 1976
334 So. 2d 171 (Fla. Dist. Ct. App. 1976)
Case details for

McIntyre v. McCloud

Case Details

Full title:LILLIE R. McINTYRE AND CLEVELAND McINTYRE, HER HUSBAND, APPELLANTS, v…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 8, 1976

Citations

334 So. 2d 171 (Fla. Dist. Ct. App. 1976)

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