HEALTH ENTERPRISES OF FLA. v. BARLOW

No. 86-1534.

512 So.2d 297 (1987)

HEALTH ENTERPRISES OF FLORIDA, Appellant/Cross Appellee. v. James BARLOW, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fifth District.

September 10, 1987.


Attorney(s) appearing for the Case

Bob Petrokoski, Warren, Ohio, and Arthur H. Gehris, III, Daytona Beach, for appellant/cross appellee.

David A. Vukelja, of Moore, Wood, Simpson, Korey, McKinnon & Vukelja, Ormond Beach, for appellee/cross appellant.


UPCHURCH, Chief Judge.

James Barlow was the plaintiff below in an action brought under the Fair Labor Standards Act. Health Enterprises appeals a final judgment rendered for Barlow. Barlow cross appeals, contending the trial court erred in submitting the issue of liquidated damages to the jury. We conclude there was ample evidence to support the verdict of the jury; however, we find that the issue of liquidated damages should not have been submitted to the jury.<...

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