Florida District Courts of Appeal, 1967

Great Atlantic & Pacific Tea Co. v. Stephens

Great Atlantic & Pacific Tea Co. v. Stephens
Florida District Courts of Appeal · Decided July 27, 1967 · Aquilino, Cross, Lopez, Walden
201 So. 2d 466; 1967 Fla. App. LEXIS 4607 (Southern Reporter, Second Series)

Great Atlantic & Pacific Tea Co. v. Stephens

Opinion of the Court

PER CURIAM.

This is an appeal by the defendant, The Great Atlantic & Pacific Tea Company, from a final judgment entered pursuant to a jury verdict returned for the plaintiff in a slip and fall case.

Admittedly, the evidence was conflicting. But it is not the function of the appellate court to substitute its judgment for that of the jury on disputed questions of fact. Where the evidence is conflicting, and the verdict not manifestly against the weight of the evidence, the jury verdict should not be disturbed. 2 Fla.Jur., Appeals, § 308.

Since no reversible error has been found, we

Affirm.

WALDEN, C. J., CROSS, J., and LOPEZ, AQUILINO, Jr., Associate Judge, concur.

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