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Rosenkrantz v. Barnett Banks Trust Co.
Citations: 586 So. 2d 428; 1991 Fla. App. LEXIS 8922Docket: Nos. 90-1246, 90-1994
Court: District Court of Appeal of Florida; September 11, 1991; Florida; State Appellate Court
Plaintiff filed a negligence and breach of fiduciary duty lawsuit against a defendant bank related to its obligations to a trust settlor-beneficiary. A jury initially ruled in favor of the plaintiff; however, the trial court subsequently granted a directed verdict for the defendant. The court based its decision on three conclusions: (1) the plaintiff ratified the defendant's actions, (2) the plaintiff released the defendant from the claims, and (3) the plaintiff failed to prove damages. Upon review, sufficient evidence was found to counter the trial court's conclusions, leading to the reversal of the directed verdict. A significant unresolved issue regarding the actual damages incurred by the plaintiff remains. The court affirmed the directed verdict on the claim of intentional infliction of emotional distress. The judgment regarding attorney's fees and costs was also reversed. Other evidentiary issues raised by the plaintiff were found to be without error. The case is remanded for the trial court to reconsider the motions for a new trial and for remittitur. Judges Garrett and Farmer concur with the decision.