Cory McKinney v. Micah Graham

Summary

The Florida Sixth District Court of Appeal reversed a judgment entered after a second trial in a negligence and punitive-damages action. The court held that the trial court violated the Fifth District’s mandate by un-bifurcating the trial and allowing evidence of the defendant’s intoxication during the compensatory-damages phase. The court also held that, despite sanctions and default, the defendant was entitled to challenge the amount and causal relationship of unliquidated damages.

Holdings

1. A trial court may not deviate from an appellate court's mandate without permission from the appellate court. The sanctions order striking McKinney's pleadings and defenses did not void the prior bifurcation orders or authorize the trial court to disregard the Fifth District's mandate.
2. A defaulted party retains the right to contest the amount of unliquidated damages and to present evidence challenging the causal relationship between the established liability and the claimed damages.

Questions Presented

1. Whether the trial court violated the Fifth District's mandate by quashing the bifurcation orders and conducting an un-bifurcated retrial.
2. Whether a defaulted party may challenge the amount of unliquidated damages and the causal relationship between the established liability and the claimed damages.

Disposition

reversed_and_remanded