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BASEL v. McFARLAND & SONS, INC.

No. 5D01-827.

815 So.2d 687 (2002)

Royal Mende BASEL and Steven Kane as Co-Plenary Guardians of the person and property of Mark Victor Basel, Appellants, v. McFARLAND & SONS, INC., a foreign corporation, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 8, 2002.

Attorney(s) appearing for the Case

O. John Alpizar of Alpizar, Ville & Camfield, Palm Bay and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for Appellants.

Michael V. Elsberry and Harry W. Lawrence of Lowndes, Drosdick, Doster, Kantor & Reed, Professional Association, Orlando, for Appellees McFarland & Sons, Inc. and Jonathan Queen.

Paul D. Jess, General Counsel, The Academy of Florida Trial Lawyers, Tallahassee and Steven M. Goldsmith of Steven M. Goldsmith, P.A., Boca Raton, Amicus Curiae for The Academy of Florida Trial Lawyers.

Hal B. Anderson of Billing, Cochran, Heath, Lyles & Mauro, P.A., Fort Lauderdale, Amicus Curiae for Florida Defense Lawyers Association.

COBB, J.

We consider two issues in this appeal: (1) whether it was error to apply the October 1, 1999 amendment to section 768.81, Florida Statutes, limiting joint and several liability, retroactively to this personal injury cause of action which accrued in August, 1994 and (2) whether the trial court erred in refusing to grant the plaintiffs a new trial or additur on the issue of damages.

The plaintiffs, Royal Basel and Steven Kane, are co-guardians of Mark...

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