From Casetext: Smarter Legal Research

Tropeano v. Matthews

District Court of Appeal of Florida, Fourth District
Aug 31, 1973
281 So. 2d 251 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-1052.

July 31, 1973. Rehearing Denied August 31, 1973.

Appeal from Circuit Court, Broward County; Stewart F. LaMotte, Jr., Judge.

Gerald R. Wells, of Beisler Wells, Fort Lauderdale, for appellants.

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


This is an appeal from a final judgment based upon the entry of a directed verdict. From a review of the record we are of the opinion that there was sufficient evidence on which the jury could have lawfully found for the plaintiff, and, therefore, the verdict should not have been directed. Jones v. Smith etc., Fourth District Court of Appeal, 279 So.2d 343, opinion filed June 20, 1973; see also Zimmerman v. Langlais, Fla.App. 1971, 248 So.2d 694; and 32 Fla.Jur. Trial § 93. The final judgment is reversed and the cause remanded for further proceedings.

Reversed.

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


Summaries of

Tropeano v. Matthews

District Court of Appeal of Florida, Fourth District
Aug 31, 1973
281 So. 2d 251 (Fla. Dist. Ct. App. 1973)
Case details for

Tropeano v. Matthews

Case Details

Full title:THOMAS L. TROPEANO, A MINOR, AND JOSEPH L. TROPEANO, INDIVIDUALLY, AND AS…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 31, 1973

Citations

281 So. 2d 251 (Fla. Dist. Ct. App. 1973)

Citing Cases

Newsome v. St. Paul Fire Marine Ins. Co.

Where there is any evidence upon which a jury could lawfully find for the movant's adversary, a verdict…