437 So. 2d 184

RAIDLE COOK INSURANCE, INC. and Employers Reinsurance Corp., Appellants, v. AMERICAN STATES INSURANCE CO., etc., et al., Appellees.

No. 82-1721.

District Court of Appeal of Florida, Fourth District.

Aug. 17, 1983.

Rehearing Denied Sept. 29, 1983.

*185Roy W. Jordan, Jr., West Palm Beach, for appellants.

John J. Bulfin of Wiederhold, Moses & Bulfin, P.A., West Palm Beach, for appellee American States Ins. Co.

PER CURIAM.

Reversed and remanded for a new trial on all issues. Upon review of the record we believe it was error for the trial court to recall the jury after discharge and conduct further proceedings to determine the jury’s intent. Cf. Fitzell v. Rama Industries, Inc., 416 So.2d 1246 (Fla. 4th DCA 1982). Upon remand the parties should be given an opportunity to amend their pleadings to clarify the issues involved before a new trial is conducted.

ANSTEAD, C.J., and BERANEK and HURLEY, JJ., concur.

Raidle Cook Insurance, Inc. v. American States Insurance Co.
437 So. 2d 184

Case Details

Name
Raidle Cook Insurance, Inc. v. American States Insurance Co.
Decision Date
Aug 17, 1983
Citations

437 So. 2d 184

Jurisdiction
Florida

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