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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A directed verdict should only be entered if no proper view of the evidence could sustain a verdict for the party moved against.
The case involves a directed verdict entered after two prior mistrials. The appellate court reviewed the trial transcript and evidence presented.…
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[*1001] PER CURIAM.
We have for review a directed verdict after two mistrials.
As indicated in our previous opinion in this case, Tesher & Tesher, P. A. v. Rothfield, 387 So. 2d 499 (Fla. 4th DCA 1980), 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).
It is also firmly established that trial by jury is an organic right that under no circumstances should be denied. Orr v. Avon Florida Citrus Corporation, 130 Fla. 306, 177 So. 612 (Fla.1938).
Our review of the trial transcript and matters in evidence impel us to conclude that the directed verdict was improvidently entered. Despite the presumption of correctness which clothes the order from which this appeal is taken we are unable to conclude that as a matter of law no view of the evidence could sustain a verdict for the appellant.
Accordingly, we reverse and remand for a new trial.
REVERSED AND REMANDED.
MOORE, HERSEY and GLICKSTEIN, JJ., concur.
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Triple R Paving, Inc. v. Broward Cnty., 774 So. 2d 50 (Fla. 4th DCA 2000)…decide the question of fraud, bad faith, or active interference. A directed verdict should not be granted unless there is no proper view of the evidence which could sustain a verdict for the non-moving party. See Tesher & Tesher, P.A. v. Rothfield, 392 So. 2d 1000 (Fla. 4th DCA 1981). As this court has previously stated: Presented with such a motion, the court must view all of the evidence in a light most favorable to the non-movant, and, in the face of evidence which is at odds or contradictory, all conflic…
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Blancher v. Metro. Dade Cnty., 436 So. 2d 1077 (Fla. 3d DCA 1983)…nting a new trial is affirmed. As to the cross-appeal, we affirm. Upon a review of the record we are unable to conclude that, as a matter of law, no view of the evidence could sustain a verdict for the appellant. Tesher & Tesher, P.A. v. Rothfield, 392 So. 2d 1000 (Fla. 4th DCA 1981). Affirmed.…
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Warner v. Sony Corp. OF Am., 560 So. 2d 399 (Fla. 4th DCA 1990)…appellant, there is any reasonable view of the evidence that could sustain a verdict in favor of appellant (and thus adverse to appellee, Sony). If that answer is in the affirmative, then reversal is required. See Tesher & Tesher, P.A. v. Rothfield, 392 So. 2d 1000 (Fla. 4th DCA 1981). The admissible evidence in this case would permit a jury to find that the fire started within or in close proximity to a Sony AM/FM receiver with stereo speakers located in the salon of the vessel. With the aid of the Greco inf…
Authorities Cited
- Mrs. Eunice E. Orr v. Avon Fla. Citrus Corp., 130 Fla. 306 (Fla. 1937)
- SUN Life Ins. Co. OF Am. v. Evans, 340 So. 2d 957 (Fla. 3d DCA 1976)
- Tesher & Tesher, P.A. v. Ira Rothfield & Ira Rothfield, D.D.S., P.A., 387 So. 2d 499 (Fla. 4th DCA 1980)