MARIA C. NAVARRO AND FERNANDO NAVARRO, APPELLANTS,
v.
CITY OF MIAMI, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
It appearing that there was sufficient, although conflicting, evidence in the record tending to support the jury verdict rendered in favor of Maria and Fernando Navarro, we must reverse the judgment and cost judgment entered in favor of the City of Miami, notwithstanding the verdict. Hilkmeyer v. Latin American Air Cargo Expediters, 94 So. 2d 821 (Fla.1957); Mullis v. City of Miami, 60 So. 2d 174 (Fla.1952); Packer v. Winston Towers One Hundred Association, Inc., 377 So. 2d 46 (Fla.3d DCA 1979). However, we remand the cause to the trial court to rule upon the City’s motion for new trial, which motion the trial court was apparently inclined to grant, but erroneously believed was mooted by the entry of the judgment n.o.v. Instead, a ruling on the motion for new trial should have been made as an alternative to the judgment entered. Kaufman v. Sweet et al. Corporation, 144 So. 2d 515 (Fla.3d DCA 1962). In the event the trial court determines not to grant a new trial, then we direct that it enter judgment in favor of Maria and Fernando Navarro in accordance with the jury verdict.
Reversed and remanded for further proceedings.
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Collins v. The Sch. Bd. OF Broward Cnty., 471 So. 2d 560 (Fla. 4th DCA 1985)…elieving them to be moot. The School Board now contends, and we agree, that the case should be remanded to allow the lower court to rule on the remaining motions. See Van Dusen v. Dobson, 457 So. 2d 1062 (Fla. 2d DCA 1984); Navarro v. City of Miami, 402 So. 2d 438 (Fla. 3d DCA 1981). Accordingly, we reverse the trial court’s order granting the School Board’s motion for directed verdict, and instruct the court to reinstate the jury’s verdict. Upon remand, the trial court may rule on the School Board’s remaini…
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Winn-Dixie Stores, Inc. v. Robinson, 472 So. 2d 722 (Fla. 1985)…late court reverses the directed verdict. This procedure has been implicitly approved by this Court in Ford Motor Co. v. Kikis, 401 So. 2d 1341, 1342 (Fla.1981). See also Reams v. Vaughn, 435 So. 2d 879 (Fla. 5th DCA 1983); Navarro v. City of Miami, 402 So. 2d 438 (Fla. 3d DCA 1981). We must now address the propriety of the district court’s reversal of the order granting remittitur or new trial. Winn-Dixie argues that the Fourth District did not apply the proper test in reversing the order granting remittitu…
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Reams v. Blanche Vaughn and Herman Vaughn, 435 So. 2d 879 (Fla. 5th DCA 1983)…, Fla.R.C.P.), it was proper for the trial court to grant a judgment n.o.v. and alternatively, to grant a new trial should the first order be reversed on appeal. This procedure has also been approved under the current rule. Navarro v. City of Miami, 402 So. 2d 438 (Fla. 3d DCA 1981). This court was faced with an order granting a motion for a directed verdict, and alternatively a new trial, in Kikis v. Ford Motor Co., 386 So. 2d 306 (Fla. 5th DCA 1980). Although reversing both orders, no reference was made to…
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- Mullis v. City of Miami, 60 So.2d 174 (Fla. 1952)
- Hilkmeyer v. Latin Am. AIR Cargo Expediters, Inc., 94 So. 2d 821 (Fla. 1957)
- Irma Kaufman and her husband Harry Kaufman v. Sweet, 144 So. 2d 515 (Fla. 3d DCA 1962)
- Packer v. Winston Towers ONE Hundred Ass'n, Inc., 377 So. 2d 46 (Fla. 3d DCA 1979)