BLANCA HENRIQUEZ AND RAFAEL HENRIQUEZ, HER HUSBAND, APPELLANTS,
v.
PUBLIX SUPER MARKETS, INC., AND HARTFORD ACCIDENT AND INDEMNITY COMPANY, APPELLEES
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The trial court improperly directed a verdict before trial began, but the judgment is affirmed because summary judgment should have been granted as a matter of law.
A trial court may not direct a verdict before trial commences, but a judgment may be affirmed if it is legally justified by summary judgment even if the trial court used an improper procedure.
[1] A trial court may not direct a verdict before trial commences, but a judgment may be affirmed on appeal if it is legally justified by summary judgment even though the tri…
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Join FLexlaw to unlock all legal intelligence“A judgment must be affirmed, however, if it is legally justified for any reason, even one which was not adopted below.”
The court explains the standard for affirming a judgment despite procedural error.
Plaintiffs Blanca and Rafael Henriquez sued Publix Super Markets and Hartford Accident and Indemnity Company. After cross-motions for summary judgment…
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PER CURIAM.
After cross-motions for summary judgment were denied, this case was called for trial before another judge. That judge, who had become familiar with the action when it was previously before him prior to its being voluntarily dismissed, then interrogated plaintiffs’ attorney as to his legal theory and the evidence to be adduced in support of the claim. Counsel’s answers conclusively revealed, as had the discovery submitted in support of the summary judgment motions, that, as a matter of law, the plaintiffs could establish no semblance of a basis for recovery.
The trial court thereupon announced that he was “directing a verdict” against the plaintiffs — before the trial had even begun — and entered judgment accordingly. This procedure was totally unauthorized and improper and is disapproved. A judgment must be affirmed, however, if it is legally justified for any reason, even one which was not adopted below. E.g., City of Coral Gables v. Puiggros, 376 So. 2d 281, 284, n. 3 (Fla. 3d DCA 1979). In this case, the lower court should have granted the defendant’s motion for summary judgment. Sims v. Helms, 345 So. 2d 721, 724 (Fla.1977); Food Fair Stores of Fla., Inc. v. Patty, 109 So. 2d 5 (Fla.1959); Warner v. Florida Jai Alai, Inc., 221 So. 2d 777 (Fla. 4th DCA 1969).
Affirmed.
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The Est. OF Norma J. Johnson v. Badger Acquisition OF Tampa LLC, 983 So. 2d 1175 (Fla. 2d DCA 2008)…542 (Fla. 4th DCA 2000), review denied, 791 So. 2d 1095 (Fla.2001); DeMesme v. Stephenson, 498 So. 2d 673 (Fla. 1st DCA 1986); Maddox v. Tallahassee Mem’l Reg’l Med. Ctr., 438 So. 2d 1041 (Fla. 1st DCA 1983); Henriquez v. Publix Super Markets, Inc., 434 So. 2d 53 (Fla. 3d DCA 1983); Pope v. Cruise Boat Co., 380 So. 2d 1151, 1154 (Fla. 3d DCA 1980) (Schwartz, J., concurring specially); Thomas v. Berrios, 348 So. 2d 905 (Fla. 2d DCA 1977). . Because it is unnecessary to do so, I do not reach and express no…
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Wyszatycki v. Dolgoff, 473 So. 2d 43 (Fla. 3d DCA 1985)…PER CURIAM. Affirmed. See Henriquez v. Publix Super Markets, Inc., 434 So. 2d 53 (Fla. 3d DCA 1983).…
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Porro v. Franco, 448 So. 2d 614 (Fla. 3d DCA 1984)…that (1) the trial court was without authority to dismiss the petitioner’s case1 before completion of the case in chief, see Southern Wood Industries v. Florida Carolina Lumber Co., 84 So. 2d 589 (Fla.1956); Henriquez v. Publix Super Markets, Inc., 434 So. 2d 53 (Fla. 3d DCA 1983); Schurr v. Royal Globe Insurance Co., 353 So. 2d 215 (Fla. 2d DCA 1977); Wilfork v. Associated Grocers of Florida, Inc., 343 So. 2d 84 (Fla. 3d DCA 1977); Carmichael v. Shelley Tractor & Equipment Co., 300 So. 2d 298 (Fla. 4th DCA…1 / 2
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Food Fair Stores OF Fla., Inc. v. Patty, 109 So. 2d 5 (Fla. 1959)
- Warner v. Fla. JAI Alai, Inc., 221 So. 2d 777 (Fla. 4th DCA 1969)
- M. David Sims, M.D. v. Helms, 345 So. 2d 721 (Fla. 1977)
- City OF Coral Gables v. Puiggros, 376 So. 2d 281 (Fla. 3d DCA 1979)