DOUGLAS C. SUTTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Tinwood N.V. v. SUN Banks, Inc., 570 So. 2d 955 (Fla. 5th DCA 1990)
  …a light most favorable to the non-moving party and if there is any evidence to support a possible verdict for such party, a directed verdict is improper. Pritchett v. Jacksonville Auction, Inc., 449 So. 2d 364 (Fla. 1st DCA 1984); Howarth v. Moreau, 430 So. 2d 576 (Fla. 5th DCA 1983). Stated otherwise, a directed verdict is proper where the evidence and reasonable inferences therefrom fail to prove a prima facie case in support of the cause(s) of action pleaded. Golden v. Morris, 55 So. 2d 714 (Fla.1951); Har…
• Williams v. Alois A. Meyer, 474 So. 2d 1214 (Fla. 5th DCA 1985)
  …the directed verdict in favor of Meyer, we find no error. Where the evidence and reasonable inferences therefrom fail to prove the plaintiff’s case, a directed verdict is appropriate. Hartnett v. Fowler, 94 So. 2d 724 (Fla.1957); Howarth v. Moreau, 430 So. 2d 576 (Fla. 5th DCA 1983); National Car Rental v. Bruce A. Ryals Enter., 380 So. 2d 529 (Fla. 5th DCA 1980). Here, there was no evidence that Meyer was aware ,a child was in the car or children were in the area. An expert witness testified that the child…
• Toyota Motor Co. v. Moll, 438 So. 2d 192 (Fla. 4th DCA 1983)
  …manufactured by Toyota which continued to utilize an aft-filled behind-the-axle tank. Bearing in mind that “[a] directed verdict should not be granted where there is any reasonable evidence tending to prove the plaintiff’s case,” Howarth v. Moreau, 430 So. 2d 576, 577 (Fla. 5th DCA 1983), we hold that the record in the case at bar fully justifies the trial court’s decision to submit the issue of punitive damages to the jury. Moreover, there is ample evidence from which the jury could have reasonably conclude…

Authorities Cited

• Sand Dollar Villas Dev. Corp., Inc. v. Sand Dollar Villas Condo. Ass'n, Inc., 429 So. 2d 84 (Fla. 4th DCA 1983)
• Chappell v. State, 429 So. 2d 84 (Fla. 5th DCA 1983)