L.H., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1985-02-26
No. 84-1316
Before BARKDULL, NESBITT and FERGUSON, JJ.
463 So. 2d 1255 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Ensor v. State, 403 So. 2d 349, 353-55 (Fla.1981).


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  • Gutierrez v. Yraida Leyva Bermudez, 540 So. 2d 888 (Fla. 5th DCA 1989)
    …t of either party’s right to judgment....” 125 So. 2d at 891. See also Howarth Trust v. Howarth, 310 So. 2d 57 (Fla. 1st DCA 1975); United States Rubber Co. v. Jefferson Realty, 208 So. 2d 110 (Fla. 3d DCA 1968); Busbee-Bailey Tomato Co. v. Bailey, 463 So. 2d 1255 (Fla. 1st DCA 1985). Once trial commences, a defendant tests the sufficiency of the plaintiff’s evidence by a motion for directed verdict. Fish Carburetor, supra. Here, the plaintiffs had not yet completed their testimony when the summary judgment w…
  • Suggs v. Elliott Allen and Trisha Allen, 563 So. 2d 1132 (Fla. 1st DCA 1990)
    …as a matter of law.” Fish Carburetor Corp. v. Great American Insurance Co., 125 So. 2d 889, 891 (Fla. 1st DCA 1961), quoted with approval, Howarth Trust v. Howarth, 310 So. 2d 57, 58 (Fla. 1st DCA 1975). See also, Busbee-Bailey Tomato Co. v. Bailey, 463 So. 2d 1255 (Fla. 1st DCA 1985). By contrast, a directed .verdict is the means by which the sufficiency of the evidence already adduced at trial is tested. Obviously, whether a factual issue exists is quite a different matter from whether a fact is proved. 548…
  • Zygmont v. Smith, 548 So. 2d 902 (Fla. 1st DCA 1989)
    …as a matter of law.” Fish Carburetor Corp. v. Great American Insurance Co., 125 So. 2d 889, 891 (Fla. 1st DCA 1961), quoted with approval, Howarth Trust v. Howarth, 310 So. 2d 57, 58 (Fla. 1st DCA 1975). See also, Busbee-Bailey Tomato Co. v. Bailey, 463 So. 2d 1255 (Fla. 1st DCA 1985). By contrast, a directed verdict is the means by which the sufficiency of the evidence already adduced at trial is tested. Obviously, whether a factual issue exists is quite a different matter from whether a fact is proved. The…

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