ESTON G. MONDS, J.W. LYONS, JR., AND GATEWAY PEST CONTROL, INC., APPELLANTS,
v.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLEES

Fla. 1st DCA | 1999-07-15
No. 98-2600
BARFIELD, C.J., BOOTH and WOLF, JJ., CONCUR.
738 So. 2d 993 Florida District Court of Appeal, First District (1999) Caution
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is before us on appeal from a final judgment in an eminent domain proceeding granting the Department of Transportation’s motion for summary judgment on the issue of business damages. Our review of the record reveals a genuine issue of material fact. Accordingly, we reverse the order granting summary judgment and remand for further proceedings consistent with this opinion.

BARFIELD, C.J., BOOTH and WOLF, JJ., CONCUR.


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  • Lindon v. Dalton Hotel Corp. & Roy B. Dalton, Jr., 49 So. 3d 299 (Fla. 5th DCA 2010)
    …ion in a summary judgment context that a disputed issue of material fact exists is not dispositive of whether the plaintiff presented a case at trial sufficient to withstand a motion for directed verdict. See Ameriseal of N.E. Fla., Inc. v. Leiffer, 738 So. 2d 993 (Fla. 5th DCA 1999). . Lindon did not prepare the 1-9 form. . DHC had alternatively moved for a new trial (and for remittitur) but because of its disposition of the motion for JNOV, the trial court deemed these motions to be moot.…
  • Scott v. TPI Rests., Inc., 798 So. 2d 907 (Fla. 5th DCA 2001)
    …oving party.” St. Johns River Water Mgmt. Dist. v. Fernberg Geological Servs., 784 So. 2d 500, 504 (Fla. 5th DCA 2001) (quoting Cecile Resort, Ltd. v. Hokanson, 729 So. 2d 446, 447 (Fla. 5th DCA 1999)); Ameriseal of North East Fla., Inc. v. Leiffer, 738 So. 2d 993 (Fla. 5th DCA 1999), rev. denied, 763 So. 2d 1042 (Fla.2000). In other words, a motion for directed verdict should be granted only if no view of the evidence could support a verdict for the nonmoving party and the trial court therefore determines th…
  • Wright v. Ring Power Corp., 834 So. 2d 329 (Fla. 5th DCA 2003)
    …e in a rear-end collision. We agree. A motion for directed verdict should be granted where there is no reasonable evidence upon which a jury could legally predicate a verdict in favor of the non-moving party. Ameriseal of N.E. Fla. Inc. v. Leiffer, 738 So. 2d 993 (Fla. 5th DCA 1999). The standard of review on appeal of the trial court’s ruling on defendant’s motion for directed verdict is the same as the test used by the trial court in ruling on that motion. Cecile Resort, Ltd. v. Hokanson, 729 So. 2d 446 (F…

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