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Cebulski v. Kutcher

District Court of Appeal of Florida, Fourth District
May 8, 1974
293 So. 2d 146 (Fla. Dist. Ct. App. 1974)

Opinion

No. 73-318.

April 5, 1974. Rehearing Denied May 8, 1974.

Appeal from Circuit Court, Broward County; Stephen R. Booher, Judge.

Richard L. Seidel and Wheeler Evans, Miami, for appellants.

Frank E. Maloney, Jr., of Fleming, O'Bryan Fleming, Fort Lauderdale, for appellees.


Upon review of the record on appeal and after consideration of the briefs and oral argument of counsel for the respective parties, we determine that there is substantial competent evidence to support the jury's verdict in favor of the appellants. The trial court was in error in setting aside the jury verdict and entering a judgment for the appellees pursuant to Rule 1.480 Fla. RCP (1971), 30 F.S.A. Therefore, the judgment appealed is reversed and the cause remanded with directions to reinstate the jury verdict and enter final judgment in accordance with the jury verdict in favor of the appellants and against the appellees.

Reversed and remanded, with directions.

CROSS and DOWNEY, JJ., and SCHWARTZ, ALAN R., Associate Judge, concur.


Summaries of

Cebulski v. Kutcher

District Court of Appeal of Florida, Fourth District
May 8, 1974
293 So. 2d 146 (Fla. Dist. Ct. App. 1974)
Case details for

Cebulski v. Kutcher

Case Details

Full title:JOSEPH R. CEBULSKI AND LORETTA CEBULSKI, HIS WIFE, APPELLANTS, v. BERTHA…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 8, 1974

Citations

293 So. 2d 146 (Fla. Dist. Ct. App. 1974)

Citing Cases

Kutcher v. Cebulski

November 26, 1974. Certiorari denied. 293 So.2d 146. ADKINS, C.J., and ROBERTS, ERVIN and BOYD, JJ.,…