KUHN v. HARLESS

No. 77-1995.

390 So.2d 721 (1980)

Bonita KUHN, As Natural Guardian of Keith Anderson, Appellant, v. Grover E. HARLESS and Travelers Insurance Company, Appellee.

District Court of Appeal of Florida, Fourth District.

June 11, 1980.


Attorney(s) appearing for the Case

Joel Miller of Miller & Squire Chartered, Fort Lauderdale, for appellant.

Joseph S. Kashi of Grimmett, Scherer & James, Fort Lauderdale, for appellee.


DAUKSCH, JAMES C., Jr., Associate Judge.

This is an appeal from a judgment in a negligence case and is a case of first impression in Florida. The trial court allowed a defaulted defendant to raise the issue of comparative negligence at trial in addition to defending against the amount and propriety of damages. We reverse.

The question on appeal is whether a defendant who has properly suffered a default is permitted to introduce evidence at trial in regard...

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