MARK HAWES, APPELLANT,
v.
SOUTHERN CONCRETE INDUSTRIES, INC., D/B/A AMERICAN CONCRETE CO., A FLORIDA CORPORATION, AND LONNIE O. WALLACE, APPELLEES

Fla. 2d DCA | 1968-03-20
No. 67-198
LILES, C. J., and HOBSON, J., concur.
208 So. 2d 637 Florida District Court of Appeal, Second District (1968) Positive Treatment
Cited by 2 cases

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Synopsis

This case involves an appeal from a jury verdict that found the appellees not guilty in a lawsuit filed by the appellant. The appellate court affirmed the lower court's decision, finding the case to be a factual matter for the jury.


Holding

The court held that the case presented a factual situation for the jury to decide, and therefore, the jury's verdict finding the appellees not guilty was appropriate.


Key Quotes

“In that case the jury returned a verdict favorable to Mark Hawes against the Seaboard Air Line Railroad Company, but held all the other defendants, appellees here, not guilty.”

Describes the jury's verdict in the lower court.

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Facts & Procedural History

The appellant, Mark Hawes, sued Southern Concrete Industries, Inc., and Lonnie O. Wallace, among others, in the Circuit Court of Hillsborough County. …

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Opinion of the Court
ALLEN Judge.

ALLEN Judge.

The appellees in this case were defendants, together with the Seaboard Air Line *638Railroad Company, in the case of Mark Hawes v. Seaboard Air Line Railroad Company, et al, filed in the Circuit Court of Hillsborough County, Florida. In that case the jury returned a verdict favorable to Mark Hawes against the Seaboard Air Line Railroad Company, but held all the other defendants, appellees here, not guilty.

We concluded in our opinion filed in Case No. 67-226, Seaboard Air Line Railroad Company v. Hawes, Fla.App., 208 So.2d 634, that the judgment should be affirmed as it was a factual situation for the jury to decide.

We necessarily conclude that it was a factual situation in this case also and affirm the case without further opinion.

Affirmed.

LILES, C. J., and HOBSON, J., concur.


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Citator

Cited By

  • Seaboard AIR Line R.R. Co. v. Hawes, 208 So. 2d 634 (Fla. 2d DCA 1968)
    …ined verdict. We shall write an opinion in this case, No. 67-226, Seaboard Air Line Railroad Company v. Hawes, affirming this judgment, and shall enter an Affirmance in case No. 67-198, Hawes v. Southern Concrete Industries, Inc., et al., Fla.App., 208 So. 2d 637. On December 24, 1964, Hawes and Lonnie O. Wallace were driving on Gunn Highway in Pasco County. Wallace was driving and Hawes was a passenger on the right front seat of the car. Hawes was an attorney for Southern Concrete Industries, of which Wall…

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