Upton v. Hutchison
Cases that cite this one
15 later published cases cite this decision.
- Synergy Gas Corp. v. Johnson (Fla. Dist. Ct. App. 1993)
- Bould v. Touchette (Fla. 1977)
- Miguel v. Richardson (Fla. Dist. Ct. App. 1976)
- Aquila v. Kennelly ex rel. Kennelly (Fla. Dist. Ct. App. 1975)
- Miami Shores Village v. Brown (Fla. Dist. Ct. App. 1973)
- Talcott v. Holl (Fla. Dist. Ct. App. 1969)
- In re Advisory Opinion to the Governor (Fla. 1968)
- Atlantic Coast Line Railroad Company v. Braz (Fla. Dist. Ct. App. 1966)
- Gresham v. Courson (Fla. Dist. Ct. App. 1965)
- Direct Transport Company of Florida v. Rakaskas (Fla. Dist. Ct. App. 1964)
- Florida East Coast Railway Company v. Stewart (Fla. Dist. Ct. App. 1962)
- Little River Bank and Trust Company v. Magoffin (Fla. 1958)
- Lalow v. Codomo (Fla. 1958)
- Coast Cities Coaches v. Donat (Fla. Dist. Ct. App. 1958)
- Seitner v. Clevenger (Fla. 1953)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
UPTON
v.
HUTCHISON.
Supreme Court of Florida, Division A.
J.M. & H.P. Sapp, Panama City, for appellant.
Thomas Sale, Panama City, for appellee.
*21 ROBERTS, Justice.
The judgment here appealed from was entered by the court below in a civil action for assault and battery brought by plaintiff-appellee against defendant-appellant, wherein the jury found for the plaintiff and awarded damages in the amount of $2,500.00.
It is well settled that the verdict of a jury will not be disturbed by this court on appeal where there is ample substantial evidence to support such verdict. Nor will this court substitute its judgment for that of the jury as to the amount of damages to which the plaintiff is entitled, unless the amount found is so excessive as to indicate that the jury was influenced by passion, prejudice, corruption, or other improper motive. Loftin v. Dagley, 152 Fla. 831, 13 So.2d 311; Florida Motor Lines Corp. v. Shontz, 159 Fla. 518, 32 So.2d 248.
No error having been made to appear, the judgment of the lower court should be and it is hereby
Affirmed.
ADAMS, C.J., and TERRELL and THOMAS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.