STATE OF FLORIDA, PETITIONER,
v.
BOONE D. TILLETT, JR., RESPONDENT

Fla. 2d DCA | 1959-05-08
No. 637
KANNER, C. J., SHANNON, J., and SMITH, FRANK A., Associate Judge, concur.
111 So. 2d 725 Florida District Court of Appeal, Second District (1959) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petition for writ of certiorari dismissed. The subject matter here involved was disposed of in the case of State of Florida v. Tillett, Fla.1959, 111 So.2d 716.

KANNER, C. J., SHANNON, J., and SMITH, FRANK A., Associate Judge, concur.


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    …r a duty to look into each of the numerous driveways along both sides of a residential street in order to avoid colliding with a reckless party who may back an automobile into plaintiff’s path. In LeFante v. Miami Air Conditioning Co., Fla.App.1959, 111 So. 2d 725, the court stated that a motorist could not be cast with a duty to look-out premised on an assumption that other vehicles could be expected in the wrong traffic lane in violation of the traffic laws. We note here that the defendant in the instant ca…
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    …efrom, and it is only when the evidence, viewed in that light, is found to be legally insufficient to support a verdict for the party moved against that the entry of a directed verdict is proper. Le Fante v. Miami Air Conditioning Co., Fla.App.1959, 111 So. 2d 725. We conclude therefore that it was error for the lower court to direct the verdict for the defendant and the case must be reversed for a new trial on the issues presented. Reversed. KANNER, J., and SAULS, RICHARD,, Associate Judge, concur.…
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