OUTCOME: DCA ruled the law constitutional and rational, but case is under review by the Florida Supreme Court.
Challenged the constitutionality of the Florida drug trafficking statute based on Due Process and Equal Protection of s. 893.135 (6) & (7) Fla. Stat. because weighing the aggregate weight of pills vers...us the actual amount of controlled substance in each pill triggers heavier sentences based on the amount of filler.
Commercial real estate
Mays v Hadden, 709 So. 2d 132 (Fla. 5th DCA 1998)
Jan 01, 1998
OUTCOME: Reversed and rendered for Mr. Herring's client.
Broker sued owner of radio station for breach of contract after owner unilaterally cancelled listing agreement. The Circuit Court, Seminole County, Seymour Benson, J., entered judgment in favor of brok...er. Owner appealed. The District Court of Appeal, Cobb, J., held that: (1) broker was not entitled to commission, but (2) broker was entitled to out-of-pocket expenses incurred in marketing property before owner breached agreement.
Wrongful death
Poole v. Veteran's Auto Sales, 668 So. 2d 189 (Fla. 1996)
Jan 01, 1996
OUTCOME: After remand, Mr. Herring's client was granted a new trial and case settled for confidential amount.
Personal representative brought action seeking damages for children of accident victim killed in collision with automobile. After jury returned verdict awarding damages to children, the Circuit Court, ...Seminole County, Newman D. Brock, J., granted personal representative's motion for additur or new trial if additur was refused. Automobile owner appealed, and the District Court of Appeal, 649 So.2d 264, affirmed in part, vacated order, and certified question. The Supreme Court, Grimes, C.J., held that certified question of constitutionality of statute governing grant of remittitur or additur by trial court would not be considered due to failure of trial court to specify grounds for granting new trial.
Decision below quashed, and remanded for consideration of validity of trial court order.