TESHER & TESHER, P.A., A FLORIDA PROFESSIONAL ASSOCIATION, APPELLANT,
v.
IRA ROTHFIELD AND IRA ROTHFIELD, D.D.S., P.A., APPELLEE
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The appellate court held that the record was insufficient to review the trial court's directed verdict because the appellant failed to provide a complete record.
After two mistrials, the trial court directed a verdict for the defendant. The plaintiff appealed, arguing the directed verdict was improper. The appe…
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PER CURIAM.
After two mistrials the trial court directed a verdict for appellee, defendant below. This appeal is predicated upon alleged error in entering the directed verdict.
The crux of appellant’s argument is that the directed verdict was inappropriate. Appellant cites a number of cases for the proposition that it is reversible error for the trial court to direct a verdict where there is “some, slight or any minimal evidence” tending to prove the plaintiff’s case. Appellant correctly points out that a directed verdict should not be entered unless no proper view of the evidence could sustain a verdict for the party moved against. Sun Life Ins. Co. of America v. Evans, 340 So. 2d 957 (Fla.3d DCA 1976).
In order for this court to determine whether the directed verdict was proper, we are required to look to the evidence presented to the jury in order to apply the tests to which we have previously made reference. The record before us in this case is bereft of testimony or other evidence, consisting solely of the pleadings, a transcript of one hearing, and orders of the court. The burden to make a record and to see that it is transmitted to the appellate court is on appellant. On the present record, no abuse of discretion could be demonstrated.
Rule 9.200(f)(2) of the Florida Rules of Appellate Procedure provides that “No proceeding shall be determined because the record is incomplete until an opportunity to supplement the record has been given.”
Appellant is therefore given forty-five days within which to supplement the record.
MOORE, HERSEY and GLICKSTEIN, JJ., concur.
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Thor Bear, Inc. v. Crocker Mizner Park, Inc., 648 So. 2d 168 (Fla. 4th DCA 1994)…Levine v. Frank, 311 So. 2d 708 (Fla. 3d DCA 1975), cert. denied, 327 So. 2d 33 (Fla.1976). A directed verdict should not be granted unless no view of the evidence could support a verdict for the non-moving party. Tesher & Tesher, P.A. v. Rothfield, 387 So. 2d 499 (Fla. 4th DCA 1980). [*172] The same standards apply to a post-verdict motion for judgment in accordance with prior motions for directed verdict and to the appellate court’s review of such directed verdicts. McDonald v. McGowan, 402 So. 2d 1197 (Fla…
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Reams v. Blanche Vaughn and Herman Vaughn, 435 So. 2d 879 (Fla. 5th DCA 1983)…l. McDonald v. McGowan, 402 So. 2d 1197 (Fla. 5th DCA 1981). If, in applying this test, no view of the evidence could sustain a verdict for the party moved against, then the directed verdict was properly entered. Tester & Tesher, P.A., v. Rothfield, 387 So. 2d 499 (Fla. 4th DCA 1980). This is so whether the motion for directed verdict is made prior to the verdict or after the verdict in accordance with a prior motion for directed verdict. Whitman v. Red Top Sedan Service, Inc., 218 So. 2d 213 (Fla. 3d DCA 196…
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Ritz v. Fla. Patient's Comp. Fund, 436 So. 2d 987 (Fla. 5th DCA 1983)…applying this test, no view of the evidence could sustain a verdict for the party moved against, then the directed verdict was properly entered. Reams v. Vaughn, No. 82-803, 435 So. 2d 879 (Fla.1983) [8 FLW 1803]; Tesher & Tesher, P.A. v. Rothfield, 387 So. 2d 499 (Fla. 4th DCA 1980). Here, the father signed a consent to surgery. It is contended first that this is insufficient to constitute a valid consent because Marcella is an adult, and secondly, that it was not an informed consent. We will discuss those i…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- SUN Life Ins. Co. OF Am. v. Evans, 340 So. 2d 957 (Fla. 3d DCA 1976)