PERRY'S FASHIONS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
GUARANTY SECURITY INSURANCE COMPANY, APPELLEE
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The appellate court affirmed a jury verdict for an insurance company in a case where an insured sought to recover the value of personal property lost by fire. The court found no merit in the insured's arguments regarding jury instructions, attorney statements, or evidentiary rulings.
No, the appellate court found no merit in the insured's arguments regarding jury instructions, attorney statements, or evidentiary rulings, and therefore affirmed the lower court's decision.
“On this appeal the sufficiency of the evidence to sustain the verdict is not challenged.”
This quote highlights a key concession by the appellant that limited the scope of the appellate review.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff insured sued the defendant insurer for the value of personal property lost in a fire. The insurer denied liability, alleging the fire br…
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This is an action by an insured to recover the value of insured personal property lost by fire. The defendant insurer answered, averring facts as to the origin of the fire which it was claimed constituted a breach of the insurer’s contract relieving defendant of liability thereunder. The cause was tried before a jury and a verdict was returned for the defendant. Judgment was entered thereon, and the plaintiff appealed.
On the evidence presented, the jury could and no doubt did find in favor of the defendant on the issue raised as to the source of the fire. That issue was determinative of the question of liability. On this appeal the sufficiency of the evidence to sustain the verdict is not challenged. Appellant’s brief presents six points. Four of them deal with the granting or denial of requested charges. A fifth involves a statement by defendant’s attorney on the voir dire, and the sixth point concerns a ruling at trial on the admissibility of certain testimony. We have considered the several points raised, in the light of the briefs and the record, including the charges given by the court and find them to be without merit.
Affirmed.
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Perry's Fashions, Inc. v. Guar. Sec. Ins. Co., 183 So. 2d 215 (Fla. 1965)…Certiorari denied without opinion. 175 So. 2d 49.…