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Wagner v. Zanghi

District Court of Appeal of Florida, Second District
Jul 9, 2008
984 So. 2d 1288 (Fla. Dist. Ct. App. 2008)

Summary

noting that final judgment containing three separate awards is nonetheless "a single judgment"

Summary of this case from Langerman Law Offices v. Glen Eagles

Opinion

No. 2D07-4380.

July 9, 2008.

Appeal from the Circuit Court for Pinellas County; Henry J. Andringa, Acting Circuit Judge.

Karen E. Mailer of Powell, Carney, Gross, Mailer Ramsey, P.A., St. Petersburg, for Appellants.

Gene M. Strebel and Douglas B. Wilcock of Bauman Wilcock, P.A., Seminole, for Appellee.


Brian and Ann Wagner appeal from an amended final judgment awarding damages to Laverne Zanghi for fraudulent misrepresentation, obstruction of riparian rights, and nuisance. The amended final judgment, although a single judgment, contains three separate awards. It awards $10,000 in damages plus costs of $767.71 on the claim of fraudulent misrepresentation against Mrs. Wagner. It then awards $20,000 in damages plus costs of $767.71 on the claim of obstruction of riparian rights against Mr. Mrs. Wagner, and awards $20,000 in damages plus costs of $767.71 again on the claim of nuisance. The trial court did not sum the damages and costs and did not indicate whether the damages or cost amounts are cumulative or duplicative. This is consistent with the unobjected-to jury instructions and verdict form, which did not require the jury to avoid an award of duplicative damages. Neither party objected to the form of this unusual judgment in the trial court. Accordingly, we affirm, recognizing that the trial court may need to conduct an additional hearing in order to determine the amount that the Wagners are required to pay to obtain a satisfaction of this judgment.

Affirmed.

ALTENBERND and KELLY, JJ., and LEVENS, WILLIAM P., Associate Judge, Concur.


Summaries of

Wagner v. Zanghi

District Court of Appeal of Florida, Second District
Jul 9, 2008
984 So. 2d 1288 (Fla. Dist. Ct. App. 2008)

noting that final judgment containing three separate awards is nonetheless "a single judgment"

Summary of this case from Langerman Law Offices v. Glen Eagles
Case details for

Wagner v. Zanghi

Case Details

Full title:Brian J. WAGNER and Ann T. Wagner, Appellants, v. Laverne ZANGHI, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jul 9, 2008

Citations

984 So. 2d 1288 (Fla. Dist. Ct. App. 2008)

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Langerman Law Offices v. Glen Eagles

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