Legal Opinion · Concurrence

FLNC, Inc. v. Ramos

District Court of Appeal of Florida

Decided May 19, 2017No. Case 5D16-1725Published

1ConcurrenceBerger, J.

I concur in the opinion based on this court’s prior precedent. See Westminster Cmty. Care Servs., Inc. v. Mikesell, 12 So.3d 838, 841-42 (Fla. 5th DCA 2009). However, were I writing on a clean slate, I would reverse the order under review and remand for a new trial solely on the issue of damages based on the Legislature’s express directive in section 768.74(1) and (4), Florida Statutes.

2Cases cited1 opinion

  1. Westminster Community Care Services, Inc. v. MikesellDistrict Court of Appeal of Florida · 2009