WILLIAM JOSEPH MEAGHER, A/K/A WILLIAM JOSEPH MAYHER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Oakes v. Pittsburgh Corning Corp., 546 So. 2d 427 (Fla. 3d DCA 1989)
  …ew denied, 529 So. 2d 694 (Fla.1988); Eley v. Moris, 478 So. 2d 1100, 1103-04 (Fla. 3d DCA 1985) (improper for trial court to grant new trial where conflicting medical testimony as to permanency for jury to resolve); North Dade Golf, Inc. v. Clarke, 439 So. 2d 296, 298 (Fla. 3d DCA 1983) (trial judge unauthorized to substitute his judgment for that of jury on disputed question of whether defendant’s negligence was the cause of plaintiff’s heart attack), pet. for review denied, 449 So. 2d 264 (Fla.1984); Peren…
• Montgomery Ward & Co., Inc. v. Pope, 532 So. 2d 722 (Fla. 3d DCA 1988)
  …t it was similarly purely a jury question as to whether the psychological-neurological injuries claimed by the plaintiff were non-existent or non-related. Of the many cases which might be cited for this conclusion,3 North Dade Golf, Inc., v. Clarke, 439 So. 2d 296 (Fla.3d DCA 1983), pet. for review denied, 449 So. 2d 264 (Fla. 1984), is perhaps the closest. There, experts gave diametrically conflicting evidence as to whether a heart attack was the result of the accident in question. The jury’s conclusion that…
• THE HERTZ Corp. v. Gleason, 874 So. 2d 1217 (Fla. 4th DCA 2004)
  …a part of the issues, all other issues shall be deemed settled conclusively in favor of the appellee. The Third District had occasion to rely on this statutory provision to limit an order authorizing a new trial in North Dade Golf, Inc. v. Clarke, 439 So. 2d 296 (Fla. 3d DCA 1983). In Clarke, the court affirmed an order granting a new trial, but found an abuse of discretion in allowing a new trial on all issues where the evidence on whether a golf cart accident caused the plaintiffs subsequent heart' attack…

Authorities Cited

• Ferguson v. State, 417 So. 2d 631 (Fla. 1982)