HERBERT A. KAPLAN, APPELLANT,
v.
BEN CIAVARELLA AND FRANK CIAVARELLA, APPELLEES
HERBERT A. KAPLAN, APPELLANT,
BEN CIAVARELLA AND FRANK CIAVARELLA, APPELLEES
349 So. 2d 700
Florida District Court of Appeal, Fourth District (1977)
Positive Treatment
Cited by 4 cases
Opinion of the Court
DAUKSCH, Judge.
Appealed is an Order for new trial after jury verdict which the court determined was not lawfully reached. The trial court held “. . . under no theory advanced either by the Plaintiffs or by the Defendant could the jury have lawfully reached its verdict of $19,075.00. This award is below the lowest amount which could possibly be reached under the evidence.”
The Appellant has demonstrated and we find in the record a theory upon which the jury could have lawfully reached its verdict. Therefore the Order for new trial is reversed and the cause remanded for judgment on the verdict. Heymann v. Fusco, 132 So. 2d 216 (Fla. 3d DCA 1961).
REVERSED and REMANDED.
CROSS and ALDERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gould v. Nat'l Bank OF Fla., 421 So. 2d 798 (Fla. 3d DCA 1982)…the third-party complaint finding a breach of contract but no fraud. Since there is a theory of law, supported by the evidence, upon which a jury could have rendered consistent verdicts a new trial should not have been granted. Kaplan v. Ciavarella, 349 So. 2d 700 (Fla. 4th DCA 1977). A verdict is clothed with a presumption of regularity and is not to be disturbed if supported by the evidence. Rupp v. Pickford, 175 So. 2d 72 (Fla. 3d DCA 1965). Further, any possible inconsistencies were obvious when the verdi…
-
Papcun v. Piggy BAG Discount Souvenirs, 472 So. 2d 880 (Fla. 5th DCA 1985)…ce and is independent of the erroneous finding so as to support both a verdict on the notes in favor of appellants and an award for compensatory damages. See Gould v. National Bank of Florida, 421 So. 2d 798 (Fla. 3d DCA 1982); Kaplan v. Ciavarella, 349 So. 2d 700 (Fla. 4th DCA 1977) (both holding that a trial court errs in ordering a new trial where there is a theory of law upon which the jury could have lawfully reached its verdict). Appellees, however, argue that the special verdict form was defective in…
Authorities Cited
- Heymann v. Fusco, 132 So. 2d 216 (Fla. 3d DCA 1961)