03-1889 GALAMAGA V. LIBERTY

State: Florida

Court: Florida Third District Court

Docket No: 03-1889 GALAMAGA V. LIBERTY

Case Date: 12/01/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 ROBERT J. GALAMAGA, et al., Appellants vs. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Appellee. ** Opinion filed December 1, 2004. An Appeal from the Circuit Court for Miami-Dade County, Ronald Dresnick, Judge. Jay M. Levy, for appellants. Restani, appellee. McAllister & Cassetty and David Cassetty, for ** ** ** ** ** LOWER TRIBUNAL NO. 02-49 CASE NO. 3D03-1889

Before SCHWARTZ, C.J., and LEVY, J., and DAUKSCH, JAMES C., Senior Judge. SCHWARTZ, Chief Judge. In a motor vehicle accident-personal injury case the

plaintiff won a jury verdict in his favor which, among other

things, awarded damages for future medical expenses but none for future pain and suffering. He then alternatively moved for an

additur or new trial pursuant to sections 768.043(1) and 768.74, Florida Statutes (2002). future pain and The trial judge granted an additur for of $7,500.00 which the defendant

suffering

accepted, but from which the plaintiff has taken this appeal. We find it unnecessary to resolve the alleged conflict

between Brant v. Dollar Rent A Car Systems, Inc., 869 So. 2d 767 (Fla. 4th DCA 2004) and Beyer v. Leonard, 711 So. 2d 568 (Fla. 2d DCA 1997), as to whether the plaintiff, who arguably actually received and therefore invited the ruling on appeal may now object to that order. See Behar v. Southeast Banks Trust Co.,

374 So. 2d 572 (Fla. 3d DCA 1979), cert. denied, 379 So. 2d 202 (Fla. 1980); 3 Fla.Jur.2d Appellate Review

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