ISMAEL R. DECARDENAS, APPELLANT,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, AS LIQUIDATOR FOR THE TRUST BANK, APPELLEE

Fla. 3d DCA | 1990-04-03
No. 89-73
Before SCHWARTZ, C.J., and HUBBART and LEVY, JJ.
559 So. 2d 314 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. D’Oench, Duhme & Co. v. FDIC, 315 U.S. 447, 62 S.Ct. 676, 86 L.Ed. 956 (1942); FDIC v. McClanahan, 795 F. 2d 512 (5th Cir.1986); FDIC v. Investors Assocs. X., Ltd., 775 F. 2d 152 (6th Cir.1985); FDIC v. Berr, 643 F.Supp. 357 (D.Kan.1986); Scott v. NCNB Nat’l Bank of Fla., 489 So. 2d 221, 223 (Fla. 2d DCA 1986).


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    …act” and that an appellate court may override a jury verdict only if there is “no competent substantial evidence” to support that verdict. Ruskin v. Ryan, 859 So. 2d 1218, 1219-20 (Fla. 4th DCA 2003) (quoting MMH Venture v. Masterpiece Prods., Inc., 559 So. 2d 314, 316 (Fla. 3d DCA 1990)). Further, the evidence must be evaluated “in the light most favorable to the plaintiff and every reasonable inference deduced from the evidence must be indulged in [the] plaintiffs favor.” Am. Motors Corp. v. Ellis, 403 So.…
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    …oes not clearly express the precise acts for which Hertz seeks to avoid liability. Further, the clause does not “clearly and unequivocally state that it releases [Hertz] from liability for its own negligence.” MMH Venture v. Masterpiece Prod., Inc., 559 So. 2d 314, 316 (Fla. 3d DCA 1990). Thus, we can find no error in the trial court’s refusal to direct a verdict in Hertz’s favor. As to the cross-appeal, we decline to reverse the order denying Klein’s motion for additur. The record does not demonstrate that…
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