Opinion
No. 4431.
October 2, 1964.
Appeal from the Circuit Court, Orange County, Roger A. Barker, J.
Cecil Brown, of Sutton Brown, Orlando, for appellant.
Fred McCants Peed, of Gurney, Gurney Handley, Orlando, for appellee.
Rivers Body of Orlando, Inc. appeals a final judgment entered upon a jury's verdict for the defendant, Hartford Accident and Indemnity Company.
The issue raised on appeal is the objection of plaintiff to a particular instruction to the jury.
The findings of the jury which have been reviewed by the trial judge on motion for new trial will not be disturbed on appeal when there is any substantial evidence to support the verdict unless error of the trial judge in the instructions to the jury will result in a miscarriage of justice. The record on appeal fails to establish such fact. Dowling v. Loftin, Fla. 1954, 72 So.2d 283.
Affirmed.
WHITE, Acting C.J., ANDREWS, J., and McCORD, GUYTE P., Jr., Associate Judge, concur.