WHISPERING PINES LAKE OWNERS ASSOCIATION, PETITIONER,
v.
PAUL DEMOSTHENIS AND STELLA DEMOSTHENES, A/K/A STELLA DEMOSTHENIS, HIS WIFE, RESPONDENTS

Fla. 3d DCA | 1978-08-22
No. 78-297
Before BARKDULL, HUBBART and KEHOE, JJ.
361 So. 2d 827 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for writ of certiorari filed by Whispering Pines Lake association is granted, the order under review is quashed, and the cause is remanded to the circúit court below with directions to (1) reverse the final judgment entered in the county court herein; and (2) order a new trial in the instant county court action. In our view, the circuit court departed from essential requirements of law in affirming the county court judgment because there is no evidence in the record upon which the county court could have directed a verdict at the trial of this cause in favor of the respondents Paul and Stella Demosthenis. See: Cohen v. State, 99 So. 2d 563, 565 (Fla.1957); Hagan v. Sabal Palms, Inc., 186 So. 2d 302, 310 (Fla.2d DCA 1966); Newman v. State, 174 So. 2d 479, 481 (Fla.2d DCA 1965).


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Cited By

  • Millar v. State, 655 So. 2d 1237 (Fla. 1st DCA 1995)
    …idence in the record to support the order. Blocker’s v. Yarborough, 277 So. 2d 9 (Fla. 1973); Jantzen v. State, 422 So. 2d 1090 (Fla. 3d DCA 1982); Lee v. State, 374 So. 2d 1094 (Fla. 4th DCA 1979); Whispering Pines Lake Owners Ass’n v. Demosthenis, 361 So. 2d 827 (Fla. 3d DCA 1978). In the present case, the uncontradict-ed expert testimony originally recommended that Millar be placed in the Renaissance Program in Jacksonville. These same experts later recommended Halifax in Daytona when it became known tha…

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