IN RE ESTATE OF LILLIAN P. KOLL, DECEASED
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PER CURIAM.
The question presented is whether the trial court properly granted a directed verdict in a proceeding to set aside homestead. Recalling that the standard to be applied “[i]n considering the propriety of a directed verdict for a defendant [is that] the trial court is required to evaluate the testimony in the light most favorable to the plaintiff and every reasonable intendment deducible from the evidence must be indulged in the plaintiffs favor,” McDaniel v. Great Atlantic & Pacific Tea Co., 327 So. 2d 893, 895 (Fla. 3d DCA 1976), we find that the directed verdict cannot be sustained. Accordingly, the order on appeal is reversed and the cause is remanded for a new trial consistent with the principles set forth in Holden v. Estate of Gardner, 420 So. 2d 1082 (Fla.1982).
REVERSED AND REMANDED.
GLICKSTEIN, HURLEY and WALDEN, JJ., concur.
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Himes v. Brown & Co. Sec. Corp., 518 So. 2d 937 (Fla. 3d DCA 1987)…454 So. 2d 580 (Fla. 3d DCA 1984), review denied, 461 So. 2d 114 (Fla.1985); § 501.211(2), Fla.Stat. (1985), or by Brown’s alleged fraudulent misrepresentation, breach of fiduciary duty, negligence, or breach of contract. See Sherban v. Richardson, 445 So. 2d 1147 (Fla. 4th DCA 1984) (judgment in claimant’s favor reversed because damages were not proximately caused by the fraudulent misrepresentation); Fryling v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 593 F. 2d 736 (6th Cir.1979) (stock exchange investo…
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Helmut R. Tevini v. Roscioli Yacht Sales, Inc., 597 So. 2d 913 (Fla. 4th DCA 1992)…on statements of inducement, unless the investigation itself was thwarted by conduct of the repre-sentor. That is the essential idea underlying cases such as H & W Enterprises Inc. v. Ellis, 467 So. 2d 790 (Fla. 1st DCA 1985); Sherban v. Richardson, 445 So. 2d 1147 (Fla. 4th DCA 1984); and Czarnecki v. Roller, 726 F.Supp. 832 (S.D.Fla.1989). We therefore reverse the trial court’s denial of a directed verdict in favor of the broker and remand with directions to enter judgment in favor of Roscioli Yacht Sales,…
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Dockery v. Enter. Rent-A-Car Co., 796 So. 2d 593 (Fla. 4th DCA 2001)…d, this court must read the evidence in a light most favorable to the party against whom the verdict is directed, resolving every conflict and inference for that party. Hand v. Hustad, 440 [*600] So. 2d 518 (Fla. 4th DCA 1983); In re Estate of Koll, 445 So. 2d 1147 (Fla. 4th DCA 1984); Tesher & Tesher, P.A v. Rothfield, 387 So. 2d 499 (Fla. 4th DCA 1980). Viewed in a light most favorable to the plaintiff, with all inferences resolved for him, the evidence in this case showed that Enterprise consented to the re…
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- Holden v. Est. OF Mary Lee Gardner, 420 So. 2d 1082 (Fla. 1982)
- Curry v. Carver Homes, Inc., 327 So. 2d 893 (Fla. 1st DCA 1976)
- Lizann McDANIEL v. The Great Atl. & Pac. TEA Co., Inc., 327 So. 2d 893 (Fla. 3d DCA 1976)