ALICE R. DOMBROSKI, APPELLANT,
v.
ANTONIO PELICANO AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLEES
' PER CURIAM.
We have reviewed the record on appeal, the briefs and heard oral argument, and upon careful consideration we are of the opinion that the trial court erred in entering a directed verdict for defendant inasmuch as the evidence adduced in the trial below presented jury questions. The principles pertaining to the directing of a verdict and the rationale for finding that a directed verdict was improper in this case are reflected in the recent decisions in Lupoletti v. Miller, Fla.App.1972, 269 So. 2d 67, and Miller v. Serrao, Fla.App.1972, 261 So. 2d 518.
Accordingly, the directed verdict in favor of the defendant is reversed and the cause remanded for a new trial.
CROSS and MAGER, JJ., and MOUNTS, MARVIN U., Jr., Associate Judge, concur.
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State v. Martin Cnty. Env't Control Hearing Bd., 564 So. 2d 1227 (Fla. 4th DCA 1990)…ate ex rel. Fla. Real Estate Commission v. Anderson, 164 So. 2d 265 (Fla. 2d DCA 1964). Where the court does not have appellate jurisdiction, that court cannot exercise special writ jurisdiction directed to the Board. State ex rel. Brewer v. Pettie, 294 So. 2d 120 (Fla. 4th DCA 1974); State ex rel. Sentinel Star Co. v. Lambeth, 192 So. 2d 518 (Fla. 4th DCA 1966). Therefore, if this court does not have direct appeal jurisdiction, it has no jurisdiction to issue a special writ.1 Appellees contend that this cou…
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Clanton v. Honorable Calvin R. Mapp, 559 So. 2d 656 (Fla. 3d DCA 1990)…use to the appellate division of the circuit court. State ex rel. Int’l Ass’n of Firefighters v. Board of County Comm’rs, 254 So. 2d 195 (Fla.1971); State ex rel. Soodhalter v. Baker, 248 So. 2d 468 (Fla.1971); accord State ex rel. Brewer v. Pettie, 294 So. 2d 120, 122 (Fla. 4th DCA 1974). The motion to dismiss is denied and the cause is transferred to the circuit court.…
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Authorities Cited
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- Miller v. Serrao, 261 So. 2d 518 (Fla. 3d DCA 1972)