ORLANDO UPHOLSTERY AND CNA/INSURANCE GROUP, APPELLANTS,

v.

AVA TILLMAN, APPELLEE

Citator

Cited By

• Eli Plotch and Philip Berkley v. August Gregory, Jr., 463 So. 2d 432 (Fla. 4th DCA 1985)
  …ial fact and that the defendant is entitled to judgment., as a matter of law. Forshee v. Peninsular Life Ins. Co., 370 So. 2d'842 (Fla. 3d DCA 1979); see also Stenback v. Racing Associates, Inc., 394 So. 2d 1128 (Fla. 4th DCA 1981); Stokes v. Clark, 390 So. 2d 489 (Fla. 1st DCA 1980). On appellate review, a directed verdict should be affirmed if, in viewing the evidence in a light most favorable to [*436] the non-moving party, it appears that the trier of fact could not have reasonably differed as to the esta…
• Hahamovitch v. Hahamovitch, 133 So. 3d 1020 (Fla. 4th DCA 2014)
  …ning to the wife’s denial of the requests for admission. A trial court’s decision on whether to award fees and costs based upon a party’s failure to admit the truth of a request for admission is reviewed for an abuse of discretion. Stokes v. Clark, 390 So. 2d 489, 491 (Fla. 1st DCA 1980). Here, we conclude that awarding the husband $34,500 in fees and costs for the litigation over the wife’s denial of requests for admission was an abuse of discretion. Florida Rule of Civil Procedure 1.380(c) provides that i…
• Shaw v. State, 616 So. 2d 1094 (Fla. 4th DCA 1993)
  …third district concluded that this type of request for admission was no longer objectionable; however, the issue of whether attorney’s fees could or should be assessed, if plaintiff prevailed at trial, was not before the court. In Stokes v. Clark, 390 So. 2d 489 (Fla. 1st DCA 1980), plaintiffs requested defendant to admit his negligence and that plaintiff was not negligent. Defendant denied the requests. The jury returned a verdict for plaintiffs, and plaintiffs then sought attorney’s fees under rule 1.380(…

Authorities Cited

• E. Coast Tire Co. & the Home Ins. Co. v. Denmark, 381 So. 2d 336 (Fla. 1st DCA 1980)