STATE, DEPARTMENT OF CORR. v. NIOSI

No. 89-0641.

552 So.2d 244 (1989)

STATE of Florida, DEPARTMENT OF CORRECTIONS, Appellant, v. Kevin NIOSI, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 6, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Gary L. Printy and George L. Waas, Asst. Attys. Gen., Tallahassee, for appellant.

Richard M. Altman, Fort Lauderdale, for appellee.


PER CURIAM.

While appellant raises two issues, we conclude one of the issues to be determinative, thereby eliminating the necessity for consideration of the other.

The jury concluded that the plaintiff suffered no injury, therefore, he was entitled to only nominal damages. Accordingly, we reverse the judgment awarding $20,000 in damages and remand with direction to enter a new judgment reducing the award amount for the plaintiff to nominal damages only.

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