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OVERSEAS PRIVATE INV. CORP. v. METROPOLITAN DADE COUNTY

No. 93-4821.

47 F.3d 1111 (1995)

OVERSEAS PRIVATE INVESTMENT CORP., William Parker, Taino Farms, Ltd., Plaintiff-Appellees/Cross-Appellants, v. METROPOLITAN DADE COUNTY, Defendant-Appellant/Cross-Appellee, South Dade Soil & Water Conservation District, Defendant.

United States Court of Appeals, Eleventh Circuit.

March 17, 1995.

Attorney(s) appearing for the Case

Debra J. Snow, Robert M. Klein, Stephens, Lynn, Klein & McNicholas, P.A., Miami, FL, for appellant.

A. Wayne Lalle, Mary Boney Denison, Graham & James, Washington, DC, Sam Daniels, Barranco & Associates, Miami, FL, for appellee.

Before HATCHETT and ANDERSON, Circuit Judges, and FAY, Senior Circuit Judge.

FAY, Senior Circuit Judge:

This appeal addresses whether an inconsistent award of damages based on three separate liability theories requires a new trial on each issue. Because the verdict clearly shows the jury found defendants liable under each theory, we remand for a new trial on damages only.

I. BACKGROUND

A. The Plaintiffs

Plaintiff William Parker ("Parker"), as sole owner and shareholder of Taino Farms Limited ("Taino" or "Taino Farms...

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