BRISCOE ENTERPRISES LTD. OF FLORIDA III, LEONARD E. BRISCOE, THE LEONARD E. BRISCOE COMPANY OF TEXAS, INC., AND BRISCOE MANAGEMENT COMPANY, INC., APPELLANTS,
v.
PALM BEACH COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1993-08-11
No. 92-0156
GUNTHER and FARMER, JJ., and MAY, MELANIE G., Associate Judge, concur.
623 So. 2d 560 Florida District Court of Appeal, Fourth District (1993) Positive Treatment
Cited by 5 cases
Topics
Directed Verdict Standard Directed Verdict Standard Of Review

Explore caselaw by topic → Browse Directed Verdict Standard cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants argue that the trial court erred in directing a verdict in favor of appellee on all counts of appellants’ amended counterclaim and on appellee’s claim on the promissory note in its third amended complaint. We agree and reverse.

A motion for directed verdict should be granted only when the evidence, viewed in the light most favorable to the non-moving party, shows that a jury could not reasonably differ as to the existence of a material fact and that the movant is entitled to judgment as a matter of law. Garrahan v. Sea Ray Boats, Inc., 569 So. 2d 518, 519 (Fla. 4th DCA 1990). Upon a review of the record, we conclude there was some evidence supporting each count of appellants’ counterclaim, as well as appellants’ defenses to the action on the note. We also find record evidence of damages that a jury could have accepted. Accordingly, we reverse and remand for further proceedings in accordance with this opinion. Our reversal of the directed verdict on the legal defenses and counterclaim necessarily requires that the fore closure judgment also be reversed to abide the result in the new trial.

REVERSED.

GUNTHER and FARMER, JJ., and MAY, MELANIE G., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Barton Protective Servs., Inc. v. Faber, 745 So. 2d 968 (Fla. 4th DCA 1999)
    …ht most favorable to the non-moving party, shows that a jury could not reasonably differ as to the existence of a material fact and that the movant is entitled to a judgment as a matter of law. Briscoe Enters. Ltd. of Fla. III. v. Palm Beach County, 623 So. 2d 560 (Fla. 4th DCA 1993). If there is any evidence to support a possible verdict for the nonmoving party, a directed verdict is improper. Gold, Vann & White, P.A. v. DeBerry, 639 So. 2d 47 (Fla. 4th DCA 1994). Stated another way, “a trial court may direc…
  • Brown v. Sanford A. Kaufman, M.D., 792 So. 2d 502 (Fla. 4th DCA 2001)
    …most favorable to the non-moving party, shows that a jury could not reasonably differ as to the existence of a material fact and that the movant is entitled to judgment as a matter of law. See Briscoe Enters. Ltd., of Fla. III v. Palm Beach County, 623 So. 2d 560 (Fla. 4th DCA 1993). If there is any evidence to support a possible verdict for the non-moving party, a directed verdict is improper. See Gold, Vann & White, P.A. v. DeBerry, 639 So. 2d 47, 51 (Fla. 4th DCA 1994) (quoting Townsend v. Ward, 429 So. 2…
  • Goldenberg v. Reg'l Imp. & Exp. Trucking Co., Inc., 674 So. 2d 761 (Fla. 4th DCA 1996)

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw