Spillers v. Hall
Docket: Nos. 82-395, 82-405
Court: District Court of Appeal of Florida; November 12, 1985; Florida; State Appellate Court
The court is reconsidering a prior case following a remand from the Florida Supreme Court, specifically in light of the rulings in Allen v. Babrab, Inc. and Stevens v. Jefferson. The parties were allowed to submit additional briefs to clarify their positions based on the supreme court's opinions. The court has reviewed the entire record and determined that a new trial is necessary. The earlier proceedings did not utilize the guidance provided by Babrab and Stevens. Upon remand, the trial should adhere to the parameters established in those cases, and the issue of liability must be presented to a jury with appropriate instructions reflecting the principles from Babrab and Stevens. The case is remanded for further proceedings in accordance with this directive. The concurring judges are Ryder, C.J., Danahy, and Frank, J.J.