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DYSART v. HUNT

No. 79-1932.

383 So.2d 259 (1980)

Sally DYSART, Appellant, v. Robert HUNT, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 30, 1980.

Attorney(s) appearing for the Case

Joseph Pardo, Miami, for appellant.

Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy and Richard A. Sherman, Miami, for appellee.

Before HUBBART, SCHWARTZ and NESBITT, JJ.

SCHWARTZ, Judge.

The plaintiff below, Sally Dysart, who prevailed before a jury in a replevin action, challenges the rulings of the trial court in striking and refusing to enter judgment upon that portion of the verdict which awarded her $75,000 in money damages.1 We affirm on the basis of our agreement with the trial judge that the claim for money damages was neither raised in the pleadings nor tried by the express or implied consent...

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