ETCHER v. BLITCH

No. MM-407.

381 So.2d 1119 (1979)

Donald ETCHER, et Ux., Appellants, v. James B. BLITCH, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 30, 1979.


Attorney(s) appearing for the Case

William N. DeCarlis, Gainesville, for appellants.

John F. Roscow, III, of Scruggs, Carmichael, Long, Tomlinson, Roscow, Pridgeon, Helpling & Young, Gainesville, for appellee.


ROBERT P. SMITH, Jr., Acting Chief Judge.

The jury found for the defendant on appellants' claim of assault and battery, apparently crediting defendant's defense of self-defense, after the trial court on defendant's motion eliminated appellants' alternative claim of negligence and with it the possibility of a partial recovery by plaintiffs on a theory of comparative negligence. Although the question is a close one, we believe the trial judge properly ruled that the...

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