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ETW Corp. v. Gotta Have It Golf, Inc.

Citations: 185 So. 3d 537; 2015 Fla. App. LEXIS 19178; 2015 WL 9319136Docket: No. 3D14-1421

Court: District Court of Appeal of Florida; December 22, 2015; Florida; State Appellate Court

Narrative Opinion Summary

In this case, the appellate court upheld the lower court's decision, reaffirming the jury's general verdict in favor of the plaintiff on multiple causes of action. Central to the court's reasoning was the application of the 'two issue' rule, which necessitates focusing on the prevailing party's conduct while assigning the burden of demonstrating prejudice to the appellant when challenging a general verdict. The court found no error in the jury's decision, as one of the issues submitted was correctly decided, and the appellant failed to show any prejudicial impact. The case also involved the application of the harmless error rule, indicating that minor errors not affecting the outcome do not merit a reversal. Additionally, the general verdict form's failure to specify damages for each cause of action did not undermine the verdict, as the jury supported the plaintiff on three of the four causes, including claims unrelated to the defendant's argument concerning intentional infliction of emotional distress. The defendant's inability to negate the jury's findings across multiple claims led to the affirmation of the lower court's ruling in the plaintiff's favor.

Legal Issues Addressed

Application of the 'Two Issue' Rule

Application: The 'two issue' rule was applied to affirm the lower court's decision because the appellant failed to demonstrate prejudice from one of the issues submitted to the jury.

Reasoning: The 'two issue' rule is applicable to the review of general verdicts for plaintiffs, emphasizing the need to focus on the winning party's actions while placing the burden of proving prejudice on the opposing party.

Burden of Proving Prejudice

Application: The court highlighted that the appellant must demonstrate prejudice when one of the issues submitted to the jury is not erroneous.

Reasoning: Reversal is inappropriate unless the appellant demonstrates prejudice, as established in Grenitz v. Tomlian.

General Verdict Form and Damages

Application: The general verdict form's lack of distinct measures of damages for the four causes of action did not invalidate the verdict, as the jury ruled in favor of the plaintiff on multiple causes.

Reasoning: The general verdict form lacked distinct measures of damages for the four causes of action presented.

Harmless Error Rule

Application: The court noted that the 'two issue' rule operates similarly to the harmless error rule, indicating that errors not affecting the outcome do not warrant reversal.

Reasoning: This rule operates under principles similar to those of the harmless error rule.

Intentional Infliction of Emotional Distress

Application: The defendant's claim regarding intentional infliction of emotional distress was insufficient to reverse the verdict, as the jury supported the plaintiff on three other causes.

Reasoning: The defendant's claim regarding the intentional infliction of emotional distress cannot justify a reversal, given that the jury ruled in favor of the plaintiff on three additional causes of action.