KATHRYN BAGLEY AND JOHN BAGLEY, HER HUSBAND, APPELLANTS,
v.
DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, D/B/A METROPOLITAN TRANSIT AGENCY, APPELLEE
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The appellate court affirmed a trial court's modification of a divorce judgment, upholding its jurisdiction to modify alimony and its decision not to strike down the original award of exclusive possession of the home to the wife and the husband's obligation to continue mortgage, tax, and insurance payments.
The court held that it had jurisdiction to modify alimony despite the original judgment not retaining jurisdiction and affirmed the trial court's decision to uphold the wife's exclusive possession of the home and the husband's payment obligations.
A 1969 divorce judgment awarded the wife exclusive possession of the home for herself and the minor children, with the husband responsible for mortgag…
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KEHOE, Judge.
Appellants, plaintiffs below, bring this appeal from a final judgment dated May 3, 1976, in favor of appellee rendered pursuant to the trial court’s direction of a verdict at the conclusion of all of the evidence. The sole point raised on appeal is whether the trial court erred in holding that under no view the jury might lawfully take of the evidence could a verdict in favor of appellants be sustained under the law relating to the common carrier-passenger-sudden stop-injury context.
The principles, upon which motions for directed verdicts may be granted, are well established. See, e. g., Riviera Condominium Apts. v. Weinberger, 231 So. 2d 850 (Fla. 3d DCA 1970); McCabe v. Watson, 225 So. 2d 346 (Fla. 3d DCA 1969); Chowning v. Pierce, 174 So. 2d 42 (Fla. 3d DCA 1965); and Deese v. White Belt Dairy Farms, Inc., 160 So. 2d 543 (Fla. 2d DCA 1964). We have carefully reviewed the record in the instant appeal and, based upon these principles, have concluded that the trial court erred in granting appellee’s motion for a directed verdict and in entering the final judgment in favor of appellee. Our review of the record shows that there was conflicting testimony which, if resolved by the jury in favor of appellants, could have sustained their cause of action. See, e. g., Wright v. City of St. Petersburg, 291 So. 2d 639 (Fla. 2d DCA 1974); City of Coral Gables v. Patty, 162 So. 2d 530 (Fla. 3d DCA 1964); and Blackman v. Miami Transit Co., 125 So. 2d 128 (Fla. 3d DCA 1960).
Therefore, the final judgment appealed is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Deese v. White Belt Dairy Farms, Inc., 160 So. 2d 543 (Fla. 2d DCA 1964)
- McCABE v. Watson, 225 So. 2d 346 (Fla. 3d DCA 1969)
- Blackman v. Miami Transit Co., 125 So. 2d 128 (Fla. 3d DCA 1960)
- Chowning v. Pierce, 174 So. 2d 42 (Fla. 3d DCA 1965)
- Riviera Condo. Apts., Inc. v. Weinberger, 231 So. 2d 850 (Fla. 3d DCA 1970)
- City OF Coral Gables & City of Coral Gables v. Patty, 162 So. 2d 530 (Fla. 3d DCA 1964)
- Wright v. City OF ST. Petersburg, 291 So. 2d 639 (Fla. 2d DCA 1974)