KNIGHT'S RIVERA PHARMACY, INC.

v.

KIRK

Citator

Cited By

• McALLISTER Hotel, Inc. v. Porte, 123 So. 2d 339 (Fla. 1959)
  …da Statutes, 1957, F.S.A.; Lutins v. State, 1940, 142 Fla. 288, 194 So. 803; Nelson v. State, 1941, 148 Fla. 338, 4 So. 2d 375; Brown v. State, 1943, 152 Fla. 508, 12 So. 2d 292; Bates v. State, Fla.App.1958, 102 So. 2d 826, certiorari denied, Fla., 106 So. 2d 199. . An intelligent answer to the proposition propounded by the jury might well have required the trial judge to have commented on the evidence in the cause, a power which he does not possess. . 23 Fla.Juris. New Trial, para. 11, page 382; Warner v.…
• Quayside Assocs., Ltd. v. Triefler, 506 So. 2d 6 (Fla. 3d DCA 1987)
  …. The jury’s finding of a contract implied in fact and no express contract is consistent with the settled rule that the law will not imply a contract where a valid express one exists. Moylan v. Estes, 102 So. 2d 855, 856 (Fla. 3d DCA), cert. denied, 106 So. 2d 199 (Fla. 1958).1 Second, an alleged express contract which fails as such for lack of proof may be considered as evidence of damages in an action based on an implied contract. Hazen v. Cobb, 96 Fla. 151, 156, 117 So. 853, 857 (1928). Although the jury…
• Premium Groves, Inc. v. Grand Island Citrus Coop., Inc., 175 So. 2d 551 (Fla. 2d DCA 1965)
  …nd observed the witnesses. His findings are therefore entitled to the highest degree of respect, and we regard all factual disputes with great circumspection. * * ” We stated in Batman v. Creighton, Fla.App.1958, 101 So. 2d 587, cert. denied, Fla., 106 So. 2d 199: “We take this case on appeal after the chancellor had heard all the evidence, determined the weight thereof, had observed the witnesses and determined the credibility of them and, therefore, was in a better position than this court to determine th…