Shirey v. Insurance Co. of North America

District Court of Appeal of Florida

Shirey v. Insurance Co. of North America

347 So. 2d 638, 1977 Fla. App. LEXIS 15632

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 1977

DocketNo. 76-1015

StatusPublished

This text of 347 So. 2d 638 (Shirey v. Insurance Co. of North America) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Shirey v. Insurance Co. of North America, 347 So. 2d 638, 1977 Fla. App. LEXIS 15632 (Fla. Ct. App. 1977).

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DAUKSCH, Judge.

This is an appeal from a Final Judgment granting judgment n. o. v. We have carefully reviewed the evidence presented to the jury and have determined as a matter of law there was sufficient evidence for the jury to have legally found for the Plaintiff, as it did. While we may agree the jury should have found for the Defendant we find the jury could have found for the Plaintiff and therefore reverse the Judgment of the trial court and remand for reinstatement of the jury verdict and judgment thereon. Heyman v. Weinstein, 333 So.2d 548 (Fla.3d DCA 1976).

CROSS, J., concurs. ALDERMAN, J., dissents, with opinion.

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DAUKSCH, Judge.

This is an appeal from a Final Judgment granting judgment n. o. v. We have carefully reviewed the evidence presented to the jury and have determined as a matter of law there was sufficient evidence for the jury to have legally found for the Plaintiff, as it did. While we may agree the jury should have found for the Defendant we find the jury could have found for the Plaintiff and therefore reverse the Judgment of the trial court and remand for reinstatement of the jury verdict and judgment thereon. Heyman v. Weinstein, 333 So.2d 548 (Fla.3d DCA 1976).

CROSS, J., concurs. ALDERMAN, J., dissents, with opinion.

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347 So. 2d 638, 1977 Fla. App. LEXIS 15632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shirey-v-insurance-co-of-north-america-fladistctapp-1977.

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