Florida District Courts of Appeal, 1985

Housing Authority of West Palm Beach v. Hepburn

Housing Authority of West Palm Beach v. Hepburn
Florida District Courts of Appeal · Decided June 26, 1985 · Anstead, Dell, Hersey
471 So. 2d 215; 10 Fla. L. Weekly 1579 (Southern Reporter, Second Series)

Housing Authority of West Palm Beach v. Hepburn

Opinion of the Court

PER CURIAM.

Reversed and remanded for entry of judgment in favor of the Housing Authority. We find that there is no competent, substantial evidence to support the damage award entered herein and that the trial court erred in failing to grant a directed verdict for the Housing Authority. The appeal in Case No. 84-1972 and the cross appeal have been abandoned.

HERSEY and DELL, JJ., concur. ANSTEAD, C.J., dissents in part with opinion.

Dissenting Opinion

ANSTEAD, Chief Judge,

dissenting in part:

I believe there was competent substantial evidence to support one of Hepburn’s damage claims, that of overtime compensation, and accordingly I would reverse and remand for a new trial on those damages while striking the other claims in accord *216with the majority opinion. The evidence before the jury included direct testimony by Hepburn of promises of overtime pay, admissions by the Housing Authority that Hepburn worked the overtime he claimed and admissions by the Housing Authority that it offered Hepburn some $1300.00 for this claim at the time he left employment but that he refused, claiming he was owed more.

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