Kaplan v. Ciavarella

District Court of Appeal of Florida

Kaplan v. Ciavarella

349 So. 2d 700, 1977 Fla. App. LEXIS 16215

District Court of Appeal of Florida·Decided August 16, 1977·No. No. 76-1460·Published·Cited by 2 cases

Opinion

DAUKSCH, Judge.

Appealed is an Order for new trial after jury verdict which the court determined was not lawfully reached. The trial court held “. . . under no theory advanced either by the Plaintiffs or by the Defendant could the jury have lawfully reached its verdict of $19,075.00. This award is below the lowest amount which could possibly be reached under the evidence.”

The Appellant has demonstrated and we find in the record a theory upon which the jury could have lawfully reached its verdict. Therefore the Order for new trial is reversed and the cause remanded for judgment on the verdict. Heymann v. Fusco, 132 So.2d 216 (Fla. 3d DCA 1961).

REVERSED and REMANDED.

CROSS and ALDERMAN, JJ., concur.

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DAUKSCH, Judge.

Appealed is an Order for new trial after jury verdict which the court determined was not lawfully reached. The trial court held “. . . under no theory advanced either by the Plaintiffs or by the Defendant could the jury have lawfully reached its verdict of $19,075.00. This award is below the lowest amount which could possibly be reached under the evidence.”

The Appellant has demonstrated and we find in the record a theory upon which the jury could have lawfully reached its verdict. Therefore the Order for new trial is reversed and the cause remanded for judgment on the verdict. Heymann v. Fusco, 132 So.2d 216 (Fla. 3d DCA 1961).

REVERSED and REMANDED.

CROSS and ALDERMAN, JJ., concur.

Kaplan v. Ciavarella, 349 So. 2d 700, 1977 Fla. App. LEXIS 16215 (Fla. Ct. App. 1977).

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Opinion

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