JOHN WILLIAM ATWELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Davell Kavon Knight v. State, 187 So. 3d 307 (Fla. 5th DCA 2016)
  …rt is in the best position to “weigh the testimony and evidence based upon its observation of the bearing, demeanor and credibility of the witnesses. ...” Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976); see also First Am. Farms, Inc. v. Marden Mfg. Co., 255 So. 2d 536,-540 (Fla. 1st DCA 1971) (“It is not the province of an appellate court to reevaluate conflicting evidence introduced at the trial or to say what it would have done had it been sitting as a trier of the facts.” (quoting Carolina Lumber Co. v. Daniel…
• Chrysler Airtemp v. Stevens, 346 So. 2d 1236 (Fla. 2d DCA 1977)
  …302 (1963). In the instant case, however, the evidence was legally insufficient to support a verdict for appellees against Chrysler and a directed verdict should have been granted. See, e. g., First American Farms, Inc. v. Marden Manufacturing Co., 255 So. 2d 536 (Fla.1st DCA 1972). For the above reasons, the judgment rendered against appellant is set aside and vacated, and the trial court is instructed to enter a directed verdict in favor of Chrysler. In view of our disposition of this issue the other poi…
• Artistic Door Corp. v. Rheney, 384 So. 2d 179 (Fla. 3d DCA 1980)
  …ourt should have granted the plaintiffs’ motions for directed verdict. Baro v. Wilson, 134 So. 2d 843 (Fla. 3d DCA 1961); C & H Contractors, Inc. v. McKee, 177 So. 2d 851 (Fla. 2d DCA 1965); First American Farms Inc. v. Marden Manufacturing Company, 255 So. 2d 536 (Fla. 1st DCA 1971); Schnabel v. Mormann, 324 So. 2d 197 (Fla. 1st DCA 1976). Based on the foregoing, the summary judgment finding that the subcontracts sold herein were in fact securities and imposing liability against the defendant corporations i…