Civil Litigation

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Cocca v. Smith

27 Fla. L. Weekly D1334 (Fla. 2nd DCA June 14, 2002)

To preserve an issue for appeal in an inconsistent verdict claim, the party claiming the inconsistency is required to raise the issue before a jury is discharged so that the trial court can re-instruct the jury prior to further deliberations. An inconsistent verdict is distinguished from an inadequate verdict which may be raised for the first time in a post-trial motion.

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