ALEXANDER KALLER, ET AL.
v.
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

Fla. 3d DCA | 2026-07-30
No. 2024-2294
Fajardo Orshan, J., Logue, J., Miller, J., Gooden, J.
2026 FL 9728 Florida District Court of Appeal, Third District (2026)

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Holding

When reviewing a directed verdict, appellate courts must evaluate evidence in the light most favorable to the non-moving party and may not reweigh conflicting evidence; if conflicting evidence or different reasonable inferences exist, the issue is factual and must go to the jury.


Headnotes

[1] When reviewing an order granting a directed verdict, an appellate court must evaluate the evidence in the light most favorable to the non-moving party and may not reweigh…

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Key Quotes

“appellate courts are required to evaluate the evidence in the light most favorable to the non-moving party, and abstain from reweighing any conflicting or ambiguous evidence presented below”

Standard of review for directed verdict motions

Facts & Procedural History

Alexander Kaller and others appealed a directed verdict entered in favor of Universal Property & Casualty Insurance Company in a case tried in Miami-D…

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed July 30, 2026.

Not final until disposition of timely filed motion for rehearing.

No. 3D24-2294

Lower Tribunal No. 21-12895-CA-01

Alexander Kaller, et al.,

Appellants,

VS.

Universal Property & Casualty Insurance Company,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Ariana

Fajardo Orshan, Judge.

Mintz Truppman, P.A., and Timothy H. Crutchfield, for appellants.

Russo Lima Appellate Firm, P.A., and Elizabeth K. Russo and Paulo

R. Lima, for appellee.

Before LOGUE, MILLER, and GOODEN, JJ.

PER CURIAM.

Affirmed. See Marriott Int'l, Inc. v. Am. Bridge Bahamas, Ltd., 193 So. 3d 902, 905 (Fla. 3d DCA 2015) (explaining that when reviewing an order on a motion for directed verdict, "[a]ppellate courts are required to evaluate the evidence in the light most favorable to the non-moving party, and abstain from reweighing any conflicting or ambiguous evidence presented below"); Miami-Dade Cnty. v. Eghbal, 54 So. 3d 525, 526 (Fla. 3d DCA 2011) (“If there is conflicting evidence or if different reasonable inferences may be drawn from the evidence, then the issue is factual and should be submitted to the jury for resolution.").

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