Levey v. Getelman

Florida District Courts of Appeal
Levey v. Getelman, 444 So. 2d 1027 (1984)
Barkdull, Baskin and Ferguson

Levey v. Getelman

Opinion

444 So.2d 1027 (1984)

Burton R. LEVEY, Appellant,
v.
Michael J. GETELMAN, Appellee.

No. 83-1573.

District Court of Appeal of Florida, Third District.

January 17, 1984.
Rehearing Denied February 24, 1984.

Floyd, Pearson, Stewart, Richman, Greer, Weil & Zack; Ellen C. Freidin, Miami, for appellant.

Lapidus & Stettin, and Herbert Stettin, Miami, for appellee.

Before BARKDULL, BASKIN and FERGUSON, JJ.

*1028 PER CURIAM.

The first appearance of this case before the court resulted in reversal of a summary judgment entered by the trial court in favor of appellee-defendant. Levey v. Getelman, 408 So.2d 663 (Fla. 3d DCA 1981). The present appeal is from a final judgment entered on an order granting appellee's motion for a directed verdict made at the end of appellant-plaintiff's case. Again, we reverse.

On examination of the record we find that sufficient evidence was presented to raise a jury question on the issues of material fraud and damages. Where evidence is conflicting, or will admit of different reasonable inferences, the issue should be submitted to the jury as a question of fact, and not passed upon by the judge as a matter of law. Hendricks v. Dailey, 208 So.2d 101 (Fla. 1968); Behar v. Root, 393 So.2d 1169 (Fla. 3d DCA 1981).

Reversed and remanded for further proceedings.

Reference

Cited By
7 cases
Status
Published