GEORGE C. GRAHAM AND HARRY FRIEDMAN, APPELLANTS,
v.
JOHN T. KNAP AND THELMA KNAP, HIS WIFE, 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 appellate court affirmed a jury verdict for the defendants in a case where plaintiffs, tax attorneys, sued for unpaid fees. The court found sufficient evidence to support the jury's decision, emphasizing that appellate courts do not re-weigh evidence presented to a jury.
No, the jury's verdict and the final judgment are not contrary to the manifest weight of the evidence because there was sufficient conflicting evidence in the record to support the jury's decision.
“The record revealed that the evidence was conflicting but there is sufficient evidence in the record'to support the verdict and final judgment rendered thereon.”
Establishes that the appellate court found sufficient evidence to uphold the jury's verdict despite conflicting evidence.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiffs, tax attorneys, sued defendants for $14,771.34 in unpaid fees for services rendered under an alleged oral contract. The defendants generall…
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 Breach Of Contract cases and more on FLexlaw
The plaintiffs below appeal from a final judgment for the defendants entered subsequent to a jury trial.
The plaintiffs alleged, inter alia, that they were tax attorneys who had been employed by the defendants; that they performed services for the defendants; that the defendants had agreed to pay a fee of $27,433.34 for the services and that there was due and owing on this fee the sum of $14,771.34.
The answer of the defendants contained a general denial and certain affirmative defenses.
A jury trial was held after which the trial judge instructed the jury as to the nature and demerits of an oral contract. The jury returned g verdict for the defendants and a final judgment was entered thereon.
The plaintiffs’ sole point on appeal is that the verdict and the final judgment based thereon are contrary to the weight of the evidence.
The record revealed that the evidence was conflicting but there is sufficient evidence in the record'to support the verdict and final judgment rendered thereon.
It is not the function of an appellate court to substitute its judgment or interpretation of the facts for that of the jury. Holland Paving Co. v. Dann, Fla.App. 1965, 169 So.2d 849. See also F. W. Woolworth Company v. Stevens, Fla.App. 1963, 154 So. 2d 201 and Williams v. Scott, Fla.App. 1963, 153 So.2d 18. Accordingly, the final judgment appealed herein is, therefore, affirmed.
It is so ordered.
HENDRY, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
David S. Kaufman, P.A. v. Moskowitz, 610 So. 2d 642 (Fla. 3d DCA 1992)…conclusion of the plaintiff’s case, and consequently the directed verdict should have been granted. Therefore, we reverse the final judgment under review and find no merit in the cross appeal as to the jury award on attorney’s fees. Graham v. Knap, 209 So. 2d 708 (Fla. 3d DCA), cert. denied 214 So. 2d 621 (Fla.1968); Carr Quality Jewelers, Inc. v. Coker, 201 So. 2d 798 (Fla. 4th DCA1967). The final judgment under review is reversed with directions to the trial court to enter judgment for Kaufman on the plai…
-
Graham v. Knap, 214 So. 2d 621 (Fla. 1968)…Certiorari denied without opinion. 209 So. 2d 708.…
Authorities Cited
- Williams v. Scott, 153 So. 2d 18 (Fla. 2d DCA 1963)
- Holland Paving Co., Inc. v. Dann, 169 So. 2d 849 (Fla. 3d DCA 1964)
- F. W. Woolworth Co. v. Emily Ann Stevens and her husband, 154 So. 2d 201 (Fla. 3d DCA 1963)