Florida District Courts of Appeal, 1977

Shirey v. Insurance Co. of North America

Shirey v. Insurance Co. of North America
Florida District Courts of Appeal · Decided May 20, 1977 · Alderman, Cross, Dauksch
347 So. 2d 638; 1977 Fla. App. LEXIS 15632 (Southern Reporter, Second Series)

Shirey v. Insurance Co. of North America

Opinion of the Court

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.

Dissenting Opinion

ALDERMAN, Judge,

dissenting.

The trial judge in granting defendants’ motion for judgment n. o. v. concluded that the plaintiff had failed to adduce competent *639substantial evidence to support the allegations of her complaint. He stated that there was no evidence whatever adduced that could in law support a verdict for the plaintiff. I agree and would affirm.

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