Kahle v. Prewitt

This is an appeal and cross-appeal from an amended final judgment. We reverse and remand for new trial.

Appellants Kahle, the defendants below in this automobile injury case, asserted a no-fault threshold defense pursuant to section 627.737, Florida Statutes (1991). At the conclusion of the case, the trial court observed that no evidence had been presented on the issue of whether appellants had the required security to qualify for the exemption provided by section 627.737(1), and said it would not give the threshold instructions to the jury. The trial court then denied appellants’ *122request to…