Larry Collins v. James Simmons

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

LARRY COLLINS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D15-2907

JAMES SIMMONS,

Appellee. _____________________________/ Opinion filed June 9, 2016.

An appeal from the Circuit Court for Gadsden County. Martin A. Fitzpatrick, Judge.

Elizabeth K. Russo, Miami; Banker Lopez Gassler, P.A., Tallahassee; Reynolds Parrino Spano & Shadwick, P.A., St. Petersburg, for Appellant.

James E. Fasig and Mark W. Nonni of Barrett, Fasig & Brooks, and Fred E. Pearson, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

ROWE and BILBREY, JJ., CONCUR, and MAKAR, J., SPECIALLY CONCURS WITH OPINION.

MAKAR, J., specially concurring.

I concur in result based on the two-issue rule. See Whitman v. Castlewood Int’l. Corp., 383 So. 2d 618, 619 (Fla. 1980) (“[W]here there is no proper objection to the use of a general verdict, reversal is improper where no error is found as to one of two issues submitted to the jury on the basis that the appellant is unable to establish that he has been prejudiced.”).