Third District Court of Appeal
State of Florida
Opinion filed January 5, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1151
Lower Tribunal No. 10-30306
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Victor Lerner, et al.,
Appellants,
vs.
Ino Halegua, et al.,
Appellees.
An appeal from the Circuit Court for Miami-Dade County, Maria de
Jesus Santovenia, Judge.
Charlip Law Group, L.C., and David H. Charlip, for appellants.
Jones & Adams, P.A., and Matthew L. Jones, and Daniel Haydar, Joel
S. Perwin, P.A., and Joel S. Perwin, for appellees.
Before SCALES, HENDON, and MILLER, JJ.
MILLER, J.
Appellants challenge a final judgment executed following the rendition
of a jury verdict and an accounting bench trial. Observing that “[a] verdict is
clothed with a presumption of regularity and is not to be disturbed if
supported by the evidence,” Sweet Paper Sales Corp. v. Feldman, 603 So.
2d 109, 110 (Fla. 3d DCA 1992), the trial court is not permitted to “sit as a
seventh juror with veto power,” Laskey v. Smith, 239 So. 2d 13, 14 (Fla.
1970), and here, the amount awarded by the jury bore “a reasonable relation
to the amount of damages proved and the injury suffered” and was “such
that it could be adduced in a logical manner by reasonable persons,” §
768.74(5)(d),(e), Fla. Stat. (2021), we find no error in the denial of additur or
new trial. Further, we affirm the accounting award in all respects. See Spring
v. Ronel Refin., Inc., 421 So. 2d 46, 47 (Fla. 3d DCA 1982) (“If, after the jury
verdict, there are unrelated equitable issues remaining, the trial court may
then consider those claims.”), disapproved of on other grounds by Jaye v.
Royal Saxon, Inc., 720 So. 2d 214 (Fla. 1998); Ashemimry v. Ba Nafa, 778
So. 2d 495, 498 (Fla. 5th DCA 2001) (“Where a fiduciary or trust relationship
exists, an action for an accounting is considered equitable in nature without
regard to other considerations.”).
Affirmed.
2
VICTOR LERNER v. INO HALEGUA
Combined Opinion