O. W. COLLINS, JR., APPELLANT,
v.
KEYMO CARS, INC., A FLA. CORPORATION, MAKO ENTERPRISES, INC., A FLA. CORPORATION, KEYMO MOTORS, INC., A FLA. CORPORATION, MAKO INVESTMENT CO., A FLA. CORPORATION, CHARLES W. KOLB AND BETTY KOLB; JOSEPH R. GROGAN, JR., AND JANET GROGAN, I. H. MAGRAM AND SELMA MAGRAM, AND FRANK J. O'CONNOR, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the order granting a new trial to Kolb and Magram, and affirmed the final judgments for the other defendants.
Plaintiff sued several defendants. Directed verdicts were entered for some defendants, and a jury returned a verdict for the plaintiff against Kolb an…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Acquiescence cases and more on FLexlaw
Plaintiff O. W. Collins, Jr. sued the several defendants (appellees) and a jury trial was held. During the trial, directed verdicts were entered for the defendants, Frank J. O’Connor, Keymo Cars, Inc., Joseph R. Grogan, Jr. and Mako Enterprises, Inc., and subsequently, final judgments were rendered for these defendants.
After a jury trial, the jury returned a verdict for the plaintiff against the remaining defendants, Kolb and Magram, in the amount of $20,000.
Subsequently, the court entered an order granting the defendants Kolb and Mag-ram a new trial.
Collins appeals the orders granting a new trial to Kolb and Magram, and the final judgments for the other defendants.
No clear abuse of discretion having been shown, the order granting the new trial to Kolb and Magram is affirmed. See: Cloud v. Fallis, Fla. 1959, 110 So.2d 669; Pyms v. Meranda, Fla.1957, 98 So.2d 341; Turner v. Frey, Fla.1955, 81 So.2d 721.
The directed verdict and subsequent final judgment for the defendant, Mako Enterprises, Inc., was not contested or argued by appellant at trial and was granted without objection. Having acquiesced in its entry, he is in no position to complain for the first time on appeal.
The directed verdict and subsequent final judgments as to all the other defendants are affirmed, inasmuch as there was insufficient evidence in the record on which a jury could have lawfully found for the plaintiff against these defendants. Red Top Cab & Baggage Co., etc. v. Dorner, 159 Fla. 538, 32 So.2d 321 (1947).
Accordingly, the orders granting a new trial to Kolb and Magram, and the final judgments for the other defendants, are
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)
- Pyms v. Meranda, 98 So. 2d 341 (Fla. 1957)
- Turner v. Frey, 81 So. 2d 721 (Fla. 1955)
- RED TOP CAB & Baggage Co. v. Adeline M. Dorner, 159 Fla. 538 (Fla. 1947)
- Homer v. Reed v. James T. Vocelle, 159 Fla. 529 (Fla. 1947)