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Klepper v. Penney Company, Inc.

District Court of Appeal of Florida, Fourth District
May 24, 1974
294 So. 2d 702 (Fla. Dist. Ct. App. 1974)

Opinion

No. 73-663.

May 24, 1974.

Appeal from Circuit Court, Broward County; Louis Weissing, Judge.

Harry G. Carratt of Morgan Carratt O'Connor, Fort Lauderdale, for appellant.

Ben J. Weaver of Kirsch Druck Mills, Fort Lauderdale, for appellees.


Upon review of the record on appeal and after consideration of the briefs and oral arguments of counsel for the respective parties, we determine that, viewing the evidence and the reasonable inferences that may be drawn therefrom in light most favorable to the appellant, Eva Klepper, the jury could lawfully have returned a verdict for the appellant on the issues of assault and battery, malicious prosecution and false imprisonment. Therefore, the trial court erred in directing a verdict against the appellant on these issues and entering a final judgment thereon. Accordingly, the judgment appealed is reversed, and the cause remanded for a new trial.

Reversed and remanded for new trial.

OWEN, C.J., and CROSS and MAGER, JJ., concur.


Summaries of

Klepper v. Penney Company, Inc.

District Court of Appeal of Florida, Fourth District
May 24, 1974
294 So. 2d 702 (Fla. Dist. Ct. App. 1974)
Case details for

Klepper v. Penney Company, Inc.

Case Details

Full title:EVA KLEPPER, APPELLANT, v. J.C. PENNEY COMPANY, INC., AND BONNIE CAUDELL…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 24, 1974

Citations

294 So. 2d 702 (Fla. Dist. Ct. App. 1974)