JOANNE ROBERTS, APPELLANT/CROSS-APPELLEE,
v.
MARSHA LEE ROW AND MARSHA LEE DESIGNS, INC., APPELLEES/CROSS-APPELLANTS
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PER CURIAM.
Because a review of the record shows that there was conflicting evidence presented on the counterclaim to allow the jury to draw a reasonable inference of vicarious liability, we affirm the denial of the plaintiffs motions for directed verdict. Stinson v. Prevatt, 84 Fla. 416, 418-19, 94 So. 656, 657 (1922); Ligman v. Tardiff, 466 So. 2d 1125, 1126 (Fla. 3d DCA), review denied, 478 So. 2d 54 (Fla.1985). In addition, as to the cross-appeal, we reverse the trial court’s denial of the defendants’ motion for attorney’s fees pursuant to a provision in the underlying contract. The trial court had no discretion to decline to enforce this provision. Brickell Bay Club Condominium Ass’n v. Forte, 397 So. 2d 959 (Fla. 3d DCA), review denied, 408 So. 2d 1092 (Fla.1981).
Affirmed, in part; reversed, in part, and remanded for further proceedings consistent with this opinion.
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Harris v. State, 761 So. 2d 1186 (Fla. 4th DCA 2000)…d his motion to suppress. We reverse. As we ourselves have several times held, we review orders denying suppression of evidence de novo. Walker v. City of Pompano Beach, 763 So. 2d 1146 (Fla. 4th DCA 2000); Melendez v. Sheriff of Palm Beach County, 743 So. 2d 1145 (Fla. 4th DCA 1999); C.G. v. State, 689 So. 2d 1246 (Fla. 4th DCA 1997). The United States Supreme Court has explained the methodology for search and seizure decisions under the Fourth Amendment as follows: “The principal components of a determinat…
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Walker v. City OF Pompano Beach, 763 So. 2d 1146 (Fla. 4th DCA 2000)…multiple African-Americans, and its proximity to the Wings ‘n Things robbery. The issue of whether Officer Way had a founded or reasonable suspicion to effect the stop is reviewed de novo by this court. See Melendez v. Sheriff of Palm Beach County, 743 So. 2d 1145 (Fla. 4th DCA 1999) (“Determinations of probable cause and reasonable suspicion are entitled to a de novo review on appeal.”) (citing Ornelas v. United States, 517 U.S. 690, 691, 116 S.Ct. 1657, 1659, 134 L.Ed.2d 911 (1996), and Saturnino-Boudet v.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stinson v. Prevatt, 84 Fla. 416 (Fla. 1922)
- Brickell BAY Club Condo. Ass'n, Inc. v. Forte, 397 So. 2d 959 (Fla. 3d DCA 1981)
- Ligman v. Jeffrey Tardiff, M.D., 466 So. 2d 1125 (Fla. 3d DCA 1985)