Bernstein v. Common Markets, Inc.

The genesis of the litigation between the parties dates back ten years. Two appeals have been taken to this court. See, Bernstein v. Common Markets, Inc., Fla.App.1966, 183 So.2d 290; Bernstein v. Coats, Fla.App.1971, 247 So.2d 725.

In the latter case, we reversed and remanded for a new trial only on the question of damages based on a counterclaim by the appellee for malicious prosecution against Bernstein, which arose from the former case.

In the first trial on appellee’s counterclaim the jury returned a verdict for $75,000. Upon re-trial pursuant to our mandate, the jury returned a verdict in…