BURTON R. LEVEY, APPELLANT,
v.
MICHAEL J. GETELMAN, APPELLEE
Explore caselaw by topic → Browse Jury Question cases and more on FLexlaw
[*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. Getel-man, 408 So. 2d 663 (Fla. 3d DCA 1981). The present appeal is from a final judgment entered on an order granting appel-lee’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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jaar v. The Univ. OF Miami, 474 So. 2d 239 (Fla. 3d DCA 1985)…the jury under the issues as framed in the pleadings. Parsons v. Reyes, 238 So. 2d 561 (Fla.1970); Bruce Construction Corp. v. The State Exchange Bank, 102 So. 2d 288 (Fla.1958); Gravette v. Turner, 77 Fla. 311, 81 So. 476 (1919); Levey v. Getelman, 444 So. 2d 1027 (Fla. 3d DCA 1984); Ranger v. Avis Rent-A-Car System, Inc., 336 So. 2d 467 (Fla. 3d DCA 1976). In Parsons v. Reyes, supra, at page 563 the Supreme Court said: “... It does not lie within the province of the Court to weigh evidence or determine ques…
-
Dunn v. State, 454 So. 2d 641 (Fla. 5th DCA 1984)…, as trier of fact, might reasonably conclude that the evidence excluded every reasonable hypothesis but that of guilt. Knight v. State, 392 So. 2d 337 (Fla. 3d DCA), rev. denied, 399 So. 2d 1143 (Fla.1981). As recently stated in Levey v. Getelman, 444 So. 2d 1027 (Fla. 3d DCA 1984): 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. Almost the exact difference…
-
Getelman v. Burton R. Levey, 481 So. 2d 1236 (Fla. 3d DCA 1985)…t for Mr. Getelman. This court reversed on appeal. Levey v. Getelman, 408 So. 2d 663 (Fla. 3d DCA 1981). Follow [*1238] ing remand, the trial court entered a directed verdict for Mr. Getelman. Again, this court reversed on appeal. Levey v. Getelman, 444 So. 2d 1027 (Fla. 3d DCA), pet. for rev. denied, 453 So. 2d 43 (Fla.1984). On remand, Mr. Levey sued for fraud and for breach of fiduciary duty.2 Mr. Getelman moved to dismiss the breach of fiduciary duty claim on the ground that it was an element of the fraud…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hendricks v. Dailey, 208 So. 2d 101 (Fla. 1968)
- Burton Levey v. Getelman, 408 So. 2d 663 (Fla. 3d DCA 1981)
- Bart M. Behar v. Root, 393 So. 2d 1169 (Fla. 3d DCA 1981)