T. M. HOWERTON, JR., APPELLANT,
v.
JOSEPH E. HAMMOCK, APPELLEE

Fla. 1st DCA | 1967-10-19
No. J-115
CARROLL, DONALD K., Acting C. J., and JOHNSON and SPECTOR, JJ., concur.
204 So. 2d 28 Florida District Court of Appeal, First District (1967) Positive Treatment
Cited by 6 cases

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Synopsis

The appellate court affirmed a jury's verdict in favor of the plaintiff in an intentional tort case, finding sufficient evidence supported both the commission of the tort and the damages awarded.


Holding

Yes, the appellate court found sufficient evidence to support the jury's verdict on both the commission of the tort and the damages awarded.


Key Quotes

“Defendant appeals from a judgment entered pursuant to a jury verdict in an action for compensatory and .punitive damages arising out of an intentional tort which was found by the jury to have been maliciously committed by the appellant against the plaintiff.”

Describes the nature of the case and the appeal.

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Facts & Procedural History

The plaintiff sued the defendant for compensatory and punitive damages, alleging an intentional tort. A jury found the tort was maliciously committed …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant appeals from a judgment entered pursuant to a jury verdict in an action for compensatory and .punitive damages arising out of an intentional tort which was found by the jury to have been maliciously committed by the appellant against the plaintiff.

The grounds for reversal urged by appellants are essentially directed to the sufficiency of the evidence as to both the commission of the tort and the amount of the damages arising therefrom. We have examined the transcript of testimony given before the jury and find that there was sufficient evidence which if believed, as it apparently was, is supportive of the jury’s verdict. It is apodictic that an appellate court will not substitute its judgment for that of the jury when it comes to the function of reconciling conflicting testimony.

Affirmed.

CARROLL, DONALD K., Acting C. J., and JOHNSON and SPECTOR, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • In re Est. of Nick Sulin, 210 So. 2d 226 (Fla. 1968)
    …Certiorari denied without opinion. 204 So. 2d 28.…
  • Dorothy Helen Dayton, M.D. v. Conger, 448 So. 2d 609 (Fla. 3d DCA 1984)
    …e, the probate court found that the beneficiaries had wrongfully procured the exercise of the power of appointment. It was well within the court’s discretion, therefore, to tax the court costs against the losing beneficiaries. In re Estate of Sulin, 204 So. 2d 28 (Fla. 2d DCA 1967). Of course, the probate court could also order these costs be paid out of the beneficiaries’ interest in the estate. § 733.106(4). For the foregoing reasons, the portions of the probate court’s order imposing personal liability o…
  • Howerton v. Hammock, 210 So. 2d 867 (Fla. 1968)
    …Certiorari denied without opinion. 204 So. 2d 28.…

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