Aurbach v. Gallina

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that, while a party need not file a motion for new trial in seeking a remittitur or additur under section 768.74, Florida Statutes (1977
• stating that a trial court’s determination regarding ad-ditur may be reversed on appeal only where there is a clear abuse of discretion
• noting that trial court may not sit as seventh juror, substituting its findings with those of the jury
• on a consortium claim, where sufficient undisputed evidence was presented that would require an award of at least nominal damages, a zero verdict is inadequate as a matter of law
• on a consortium claim, where sufficient undisputed evidence was presented that would require an award of at least nominal damages, a zero verdict is inadequate as a matter of law
• “[A] trial judge may not sit as a seventh juror, thereby substituting his or her resolution of the factual issues for that of the jury.” (citation and internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Cited by

20 cases in this archive cite this case.

• Aurbach v. Gallina
  Supreme Court of Florida· 2000-02-03· cited 56×
• ITT Hartford Ins. Co. of the SE v. Owens
  Supreme Court of Florida· 2002-04-25· cited 20×
• REPUBLIC SERVICES OF FLORIDA v. Poucher
  District Court of Appeal of Florida· 2003-08-12· cited 18×
• Arena Parking, Inc. v. Lon Worth Crow Ins. Agency
  District Court of Appeal of Florida· 2000-06-28· cited 16×
• Ortlieb v. Butts
  District Court of Appeal of Florida· 2003-07-23· cited 13×
• Philip Morris USA, Inc. v. Barbanell
  District Court of Appeal of Florida· 2012-10-17· cited 10×
• Street v. HR MORTG. & REALTY CO.
  District Court of Appeal of Florida· 2007-02-28· cited 7×
• Tavakoly v. Fiddlers Green Ranch of Florida
  District Court of Appeal of Florida· 2009-01-02· cited 6×
• Big Lots Stores, Inc. v. DE DIAZ
  District Court of Appeal of Florida· 2009-08-26· cited 5×
• Jones v. Double D Properties, Inc.
  District Court of Appeal of Florida· 2005-04-27· cited 5×
• Antonio Ferrer v. Ana La Serna
  District Court of Appeal of Florida· 2015-11-25· cited 3×
• TERRY PLUMBING & HOME SERVICES v. Berry
  District Court of Appeal of Florida· 2004-10-13· cited 2×
• Brown v. R.J. Reynolds Tobacco Co.
  M.D. Florida· 2015-06-18· cited 2×
• Atkin v. Tittle & Tittle
  District Court of Appeal of Florida· 1999-03-31· cited 1×
• Dourado v. Ford Motor Co.
  District Court of Appeal of Florida· 2003-02-19· cited 1×
• Kings Gourmet Market, Inc. v. Hertz-Kusz
  District Court of Appeal of Florida· 2006-11-01· cited 1×
• Donald Emmons v. Thomas Wayne Akers II and Cassandra Akers
  District Court of Appeal of Florida· 2016-03-20
• SHOMA CORAL GABLES, LLC, etc. v. GABLES INVESTMENT HOLDINGS, LLC, etc.
  District Court of Appeal of Florida· 2023-07-26
• Lawrence Peter Metzler, Jr. v. Carolina Gladys Valdez, M.D.
  District Court of Appeal of Florida· 2024-01-03
• CAMERON ANDREW GARROW AND KENNETH JOSEPH GARROW v. ANN MARIE ANTONIETTA AND JAMES ANTONIETTA
  District Court of Appeal of Florida· 2024-02-02

Cites

17 cases in this archive are cited by this case.

• Kraemer v. General Motors Acceptance Corp.
  Supreme Court of Florida· 1990-12-20· cited 59×
• Thor Bear, Inc. v. Crocker Mizner Park
  District Court of Appeal of Florida· 1995-01-04· cited 52×
• Warshall v. Price
  District Court of Appeal of Florida· 1993-11-24· cited 35×
• Rowlands v. Signal Const. Co.
  Supreme Court of Florida· 1989-10-12· cited 27×
• Frankel v. Fleming
  Supreme Court of Florida· 1954-01-08· cited 21×
• Metzel v. Robinson
  Supreme Court of Florida· 1958-04-30· cited 18×
• Poole v. VETERANS AUTO SALES & LEASING
  Supreme Court of Florida· 1996-02-15· cited 18×
• Christopher v. Bonifay
  District Court of Appeal of Florida· 1991-03-18· cited 11×
• Airstar, Inc. v. Gubbins
  District Court of Appeal of Florida· 1996-02-21· cited 10×
• Mason v. DIST. BD. OF BROWARD COLLEGE
  District Court of Appeal of Florida· 1994-10-26· cited 9×
• Marshall v. Gawel
  District Court of Appeal of Florida· 1997-07-09· cited 6×
• Brown v. Goldberg, Rubenstein & Buckley, P.A.
  District Court of Appeal of Florida· 1984-08-10· cited 6×
• Waldron v. Dorsey
  District Court of Appeal of Florida· 1991-08-27· cited 4×
• Valinzo v. Cem-Kam, Inc.
  District Court of Appeal of Florida· 1997-08-20· cited 3×
• Doughty v. Insurance Co. of North America
  District Court of Appeal of Florida· 1997-12-03· cited 3×
• Wilsen v. Lesser
  District Court of Appeal of Florida· 1983-07-26· cited 2×
• Fitzmaurice v. Smith
  District Court of Appeal of Florida· 1992-02-19· cited 1×