KRISIA DEL PRADO,
v.
OPTIMUS U.S. 801 NW 47TH AVE, LLC, ETC., ET AL.,

Fla. 3d DCA | 2023-02-01
No. 2021-2101
Florida District Court of Appeal, Third District (2023) Positive Treatment
Cited by 3 cases

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Holding

A jury verdict is affirmed when reviewed de novo and found to be supported by competent, substantial evidence in the record.


Headnotes

[1] In reviewing a motion for judgment notwithstanding the verdict, the appellate court must evaluate the evidence in the light most favorable to the nonmoving party and refr…

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Facts & Procedural History

Krisia del Prado appealed a September 22, 2021 final judgment following a jury verdict against her and a September 29, 2021 order denying her motion f…

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Opinion of the Court

HENDON, J.

Krisia del Prado (“del Prado”) seeks to reverse a September 22, 2021 final judgment following a jury verdict, and a September 29, 2021 order denying her motion for judgment notwithstanding the verdict (“JNOV”). We affirm.

An “order on a motion for . . . judgment notwithstanding the verdict is reviewed de novo." Hernandez v. Mishali, 319 So. 3d 753, 757 (Fla. 3d DCA 2021). When “deciding the appropriateness of a . . . JNOV, Florida trial and appellate courts use the test of whether the verdict is . . . supported by competent, substantial evidence.” Siegel v. Cross Senior Care, Inc., 239 So. 3d 738, 743 (Fla. 3d DCA 2018); Marriott Int'l, Inc. v. Am. Bridge Bahamas, Ltd., 193 So. 3d 902, 905 (Fla. 3d DCA 2015) (holding that in reviewing a ruling on a motion for JNOV, “[a]ppellate courts are required to evaluate the evidence in the light most favorable to the nonmoving party, and abstain from reweighing any conflicting or ambiguous evidence presented below”). On de novo review, we find the verdict is supported by competent, substantial record evidence. Accordingly, we affirm the final judgment and the order denying del Prado’s motion for JNOV.

Affirmed.


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Cited By

  • Universal Prop. & Cas. Ins. Co. v. Gonzalez-Perez, 387 So. 3d 333 (Fla. 3d DCA 2023)
  • Universal Prop. & Cas. Ins. Co. v. Gonzalez-Perez, 387 So. 3d 333 (Fla. 3d DCA 2023)
    …undefined, it should be given its plain and ordinary meaning, and courts may look to legal and non-legal dictionary definitions to 2 We review an order on a motion for directed verdict under a de novo standard of review. See Hernandez v. Mishali, 319 So. 3d 753, 757 (Fla. 3d DCA 2021). Further, “[t]he construction of an insurance policy is a question of law to be determined by the court.” Allstate Ins. Co. v. Swain, 921 So. 2d 717, 719 (Fla. 3d DCA 2006). determine such a meaning.” Botee, 162 So. 3d a…
  • Shoma Coral Gables, LLC v. Gables Inv. Holdings, LLC, 387 So. 3d 336 (Fla. 3d DCA 2023)
    …the evidence and all inferences of fact in the light most favorable to the nonmoving party, and can affirm a directed verdict only where no proper view of the evidence could sustain a verdict in favor of the nonmoving party.” Hernandez v. Mishali, 319 So. 3d 753, 757 (Fla. 3d DCA 2021) (quoting Banco Espirito Santo Int’l, Ltd. v. BDO Int’l, B.V., 979 So. 2d 1030, 1032 (Fla. 3d DCA 2008)). LEGAL ANALYSIS Shoma argues the trial court erred in vacating the jury’s verdict and damages award based on the conclusi…

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