From Casetext: Smarter Legal Research

Simpson v. Montgomery Ward Company

District Court of Appeal of Florida, Fourth District
Jul 16, 1976
334 So. 2d 826 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-331.

July 16, 1976.

Appeal from Circuit Court, Seminole County; Virgil B. Conkling, Judge.

Marcia Lippencott and Kenneth W. McIntosh, Stenstrom, Davis McIntosh, Sanford, for appellant.

Seymour Benson, Jacob Benson, Orlando, for appellee.


Our reading of the record convinces us that the jury's verdicts on the claim of plaintiff-appellee Montgomery Ward Company and the counterclaim of appellant Orville Simpson were against the clear weight of the evidence adduced at trial. The final judgment based on those verdicts is therefore reversed, and the cause is remanded for a new trial on all issues raised by the pleadings. Howell v. Blackburn, 100 Fla. 114, 129 So. 341 (1930).

WALDEN and DOWNEY, JJ., and McCAULEY, JAMES A., Associate Judge, concur.


Summaries of

Simpson v. Montgomery Ward Company

District Court of Appeal of Florida, Fourth District
Jul 16, 1976
334 So. 2d 826 (Fla. Dist. Ct. App. 1976)
Case details for

Simpson v. Montgomery Ward Company

Case Details

Full title:ORVILLE R. SIMPSON AND THELMA L. SIMPSON, HIS WIFE, APPELLANTS, v…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 16, 1976

Citations

334 So. 2d 826 (Fla. Dist. Ct. App. 1976)