Legal Opinion · Dissent

City of Orlando v. Cone

District Court of Appeal of Florida

Decided March 12, 1993No. 92-1183Published

1DissentGoshorn, Chief Judge

I respectfully dissent. The instruction based on Wilkerson v. Division of Administration, State Department of Transportation, 319 So.2d 585 (Fla. 2d DCA 1975), if error, was harmless. The conclusion by the majority that the jury was prejudicially influenced by the instruction is clearly refuted by the verdict which is $273,550 less than the owner's opinion testimony. I would affirm.

2Cases cited1 opinion

  1. Wilkerson v. DIVISION OF ADMIN., STATE DEPT. OF TRANSP.District Court of Appeal of Florida · 1975