CHARLES M. SCISSORS ET UX., APPELLANTS,
v.
SEABOARD COAST LINE RAILROAD COMPANY ET AL., APPELLEES
CHARLES M. SCISSORS ET UX., APPELLANTS,
SEABOARD COAST LINE RAILROAD COMPANY ET AL., APPELLEES
311 So. 2d 708
Florida District Court of Appeal, Third District (1975)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
The plaintiff appeals a final judgment pursuant to a j'ury verdict in a negligence case. The only substantial point argued is that the court erred in charging the jury as to a county ordinance. We find no error because a party is entitled to an instruction in accordance with the law if there is evidence in the record which the jury could have believed in forming a basis for the matters instructed upon. See Smith v. Johnson, Fla.App. 1966, 187 So. 2d 655.
Affirmed.
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Thor Bear, Inc. v. Crocker Mizner Park, Inc., 648 So. 2d 168 (Fla. 4th DCA 1994)…In considering a motion for a directed verdict, the trial court is required to view the evidence in the light most favorable to the nonmoving party and draw all reasonable conclusions and inferences favorable to the nonmoving party. Levine v. Frank, 311 So. 2d 708 (Fla. 3d DCA 1975), cert. denied, 327 So. 2d 33 (Fla.1976). A directed verdict should not be granted unless no view of the evidence could support a verdict for the non-moving party. Tesher & Tesher, P.A. v. Rothfield, 387 So. 2d 499 (Fla. 4th DCA 19…
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Reams v. Blanche Vaughn and Herman Vaughn, 435 So. 2d 879 (Fla. 5th DCA 1983)…directed verdict, the court must view the evidence adduced and every conclusion therefrom in a light most favorable to the nonmoving party, resolving every conflict and inference for that party. This is the test at the trial level, Levine v. Frank, 311 So. 2d 708, 710 (Fla. 3d DCA 1975), as well as the standard of review at the appellate level. McDonald v. McGowan, 402 So. 2d 1197 (Fla. 5th DCA 1981). If, in applying this test, no view of the evidence could sustain a verdict for the party moved against, then…
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Ritz v. Fla. Patient's Comp. Fund, 436 So. 2d 987 (Fla. 5th DCA 1983)…at this was error warranting reversal. In reviewing the entry of a directed verdict, we must consider the evidence and all allowable inferences in a light most favorable to the non-moving party. This is the test at the trial level, Levine v. Frank, 311 So. 2d 708 (Fla. 3d DCA 1975), as well as the standard of review at the appellate level. McDonald v. McGowan, 402 So. 2d 1197 (Fla. 5th DCA 1981). If, in applying this test, no view of the evidence could sustain a verdict for the party moved against, then the…
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- Smith v. Johnson, 187 So. 2d 655 (Fla. 2d DCA 1966)