Florida District Courts of Appeal, 1973

Florida Institute of Technology v. Marshall

Florida District Courts of Appeal · Decided May 21, 1973 · Cross, Reed, Walden

277 So. 2d 793; 1973 Fla. App. LEXIS 6790 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed.

REED, C. J., and CROSS, J., concur. WALDEN, J., dissents with opinion.

Dissenting Opinion

WALDEN, Judge

(dissenting):

In my view the verdict in favor of plaintiff upon the employment agreement was contrary to the manifest weight of the evidence. The evidence as I see it clearly reflects that plaintiff was deficient and not competent in performing the assigned tasks, thus and thereby warranting his dismissal.

I would reverse and remand for a new trial.

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