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Hertz Penske Truck Leasing, Inc. v. Snoeberger

Citations: 483 So. 2d 781; 1986 Fla. App. LEXIS 6544Docket: No. 85-979

Court: District Court of Appeal of Florida; February 10, 1986; Florida; State Appellate Court

Narrative Opinion Summary

The court affirmed the lower court's judgment, referencing the precedents set in Air Florida, Inc. v. Hobbs and Cowart v. Kendall United Methodist Church. During oral arguments, the appellants' counsel chose to seek affirmation of the judgment rather than pursue a new trial for the claims of both spouses, which could have led to a reduced total award compared to the judgment already granted to the wife alone.

Legal Issues Addressed

Affirmation of Lower Court Decision

Application: The appellate court upheld the judgment of the lower court, reinforcing the precedents established in prior cases.

Reasoning: The court affirmed the lower court's judgment, referencing the precedents set in Air Florida, Inc. v. Hobbs and Cowart v. Kendall United Methodist Church.

Strategic Decision in Appellate Advocacy

Application: The appellants' counsel made a strategic decision to seek affirmation of the existing judgment instead of requesting a new trial, which could have potentially reduced the total award.

Reasoning: During oral arguments, the appellants' counsel chose to seek affirmation of the judgment rather than pursue a new trial for the claims of both spouses, which could have led to a reduced total award compared to the judgment already granted to the wife alone.