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

District Court of Appeal of Florida·Decided May 20, 1977·No. No. 76-1015·Published

Opinions

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

347 So. 2d 638 (Shirey v. Insurance Co. of North America) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

Related