THOMAS L. TROPEANO, A MINOR, AND JOSEPH L. TROPEANO, INDIVIDUALLY, AND AS NEXT FRIEND OF SAID MINOR, APPELLANTS,
v.
DOROTHY B. MATTHEWS, APPELLEE
THOMAS L. TROPEANO, A MINOR, AND JOSEPH L. TROPEANO, INDIVIDUALLY, AND AS NEXT FRIEND OF SAID MINOR, APPELLANTS,
DOROTHY B. MATTHEWS, APPELLEE
281 So. 2d 251
Florida District Court of Appeal, Fourth District (1973)
Positive Treatment
Cited by 2 cases
Opinion of the Court
This is an appeal from a final judgment based upon the entry of a directed verdict. From a review of the record we are of the opinion that there was sufficient evidence on which the jury could have lawfully found for the plaintiff, and, therefore, the verdict should not have been directed. Jones v. Smith etc., Fourth District Court of Appeal, 279 So.2d 343, opinion filed June 20, 1973; see also Zimmerman v. Langlais, Fla.App.1971, 248 So.2d 694; and 32 Fla.Jur. Trial § 93. The final judgment is reversed and the cause remanded for further proceedings.
Reversed.
OWEN, C. J., and CROSS and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Newsome v. ST. Paul Fire & Marine Ins. Co., 350 So. 2d 825 (Fla. 2d DCA 1977)…appellant clearly presents a jury question. Where there is any evidence upon which a jury could lawfully find for the movant’s adversary, a verdict should not be directed. Jones v. Smith, 279 So. 2d 343 (Fla. 4th DCA 1973); See Tropeano v. Matthews, 281 So. 2d 251 (Fla. 4th DCA 1973). The evidence falls within this standard. The final judgment is set aside and the case is remanded for a new trial consistent with this opinion. GRIMES, Acting C. J., and RYDER, J., concur.…
Authorities Cited
- Benita J. Zimmerman and Abe Zimmerman v. Langlais, 248 So. 2d 694 (Fla. 4th DCA 1971)
- Winfred Jones v. Smith, 279 So. 2d 343 (Fla. 4th DCA 1973)