Williams v. Winn Dixie Stores, Inc.

Full title: CANDACE WILLIAMS, A MINOR, BY AND THROUGH HER NATURAL MOTHER AND LEGAL…

Court: District Court of Appeal of Florida, Third District

Date published: Oct 20, 1992

605 So. 2d 186 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-83.

October 20, 1992.

An Appeal from the Circuit Court of Dade County; Robert M. Deehl, Judge.

Robbins Reynolds and Robert A. Robbins, Coral Gables, for appellant.

Stephen N. Montalto, Coral Gables, and Richard N. Blank, Miami, for appellee.

Before HUBBART, FERGUSON and GODERICH, JJ.

CONFESSION OF ERROR

PER CURIAM.

As the appellee, Winn Dixie Stores, Inc., properly concedes, the trial court erred in denying the appellants' motion for a new trial after declaring a mistrial and in granting a directed verdict against the appellants where there was sufficient evidence to raise a jury question. See Yanks v. Barnett, 563 So.2d 776 (Fla.3d DCA 1990), rev. denied, 576 So.2d 295 (Fla. 1991); Telesphere Int'l, Inc. v. Scollin, 489 So.2d 1152 (Fla. 3d DCA), rev. denied, 500 So.2d 546 (Fla. 1986); Daniels v. Weiss, 385 So.2d 661 (Fla. 3d DCA 1980); Hernandez v. Motrico, Inc., 370 So.2d 836 (Fla.3d DCA 1979). Based on our disposition of this issue, we do not need to reach the second issue raised on appeal.

Accordingly, the trial judgment under review is reversed and the cause is remanded to the trial court for a new trial.