Precision Plating, Inc. v. Jones Enterprises

District Court of Appeal of Florida

Precision Plating, Inc. v. Jones Enterprises

458 So. 2d 1227, 9 Fla. L. Weekly 2446, 1984 Fla. App. LEXIS 16351

District Court of Appeal of Florida·Decided November 21, 1984·No. No. 83-882·Published

Opinion

PER CURIAM.

The court below granted directed verdicts against both the appellant and cross-appellants as to their respective claim and counterclaim on a lease. We find that there was evidence upon which a jury could have found for the respective non-moving parties, and accordingly, neither directed verdict should have been granted. McDaniel v. Zoldak, 423 So.2d 572 (Fla. 1st DCA 1982); Gates v. Chrysler Corp., 397 So.2d 1187 (Fla. 4th DCA 1981). Consequently, we reverse the final judgment and remand for a jury trial upon the issues presented in the complaint and counterclaim.

REVERSED AND REMANDED WITH DIRECTIONS.

DOWNEY, DELL and BARKETT, JJ., concur.

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PER CURIAM.

The court below granted directed verdicts against both the appellant and cross-appellants as to their respective claim and counterclaim on a lease. We find that there was evidence upon which a jury could have found for the respective non-moving parties, and accordingly, neither directed verdict should have been granted. McDaniel v. Zoldak, 423 So.2d 572 (Fla. 1st DCA 1982); Gates v. Chrysler Corp., 397 So.2d 1187 (Fla. 4th DCA 1981). Consequently, we reverse the final judgment and remand for a jury trial upon the issues presented in the complaint and counterclaim.

REVERSED AND REMANDED WITH DIRECTIONS.

DOWNEY, DELL and BARKETT, JJ., concur.

Precision Plating, Inc. v. Jones Enterprises, 458 So. 2d 1227, 9 Fla. L. Weekly 2446, 1984 Fla. App. LEXIS 16351 (Fla. Ct. App. 1984).

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Opinion

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