SOUTHWESTERN LUMBER COMPANY, A CORPORATION, APPELLANT,
v.
OLISKA ROBERTS, APPELLEE
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The appellate court affirmed a jury verdict awarding damages for wrongful death and personal injury. The court found that the appellant failed to preserve the issue of insufficient evidence by not moving for a directed verdict, and that sufficient evidence did exist to support the jury's findings.
Yes, the evidence was sufficient to sustain the jury's verdict. The court also found no merit in other grounds for reversal.
“An examination of the-record below fails to reveal that appellant moved for a directed verdict at the close of all the evidence.”
Establishes the procedural failure by the appellant regarding the sufficiency of evidence argument.
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Join FLexlaw to unlock all legal intelligenceThe appellee, as plaintiff, obtained a jury verdict against the appellant for wrongful death of her husband and for her own injuries resulting from a …
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PER CURIAM.
Appellee as plaintiff in the lower court, was awarded a verdict against the appellant for the wrongful death of her husband, and injury to herself, sustained in a motor vehicle collision.
Several grounds are urged for reversal, two of which question the sufficiency of the evidence to sustain the verdict.
An examination of the-record below fails to reveal that appellant moved for a directed verdict at the close of all the evidence. Having thus elected not to avail himself of the means provided in Rule 2.7, Florida Rules of Civil Procedure, 31 F.S.A. to test the sufficiency of the evidence in the trial court this ground is without foundation on appeal. See Lee County Oil v. Marshall, Fla., 98 So. 2d 510.
However an examination of the record incident to a determination of the other suggested grounds for reversal amply revealed sufficient competent and substantial evidence to sustain the jury’s finding.
We have examined the other suggested grounds for reversal and found them to be without merit. It is therefore ordered that the judgment appealed from must be and the same is hereby affirmed.
Affirmed.
STURGIS, C. J., and DONALD K. CARROLL and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Chomont v. Ward, 103 So. 2d 635 (Fla. 1958)…k for a directed verdict at the close of all of the evidence. In this connection appellee Ward relies on Lee County Oil Company v. Marshall, Fla.App. 1st Dist. 1957, 98 So. 2d 510; and Southwestern Lumber Company v. Roberts, Fla.App. 1st Dist. 1958, 99 So. 2d 875. Admittedly the contention of appellee on this proposition is supported by the cited cases decided by the District Court of Appeal. However, this problem was recently presented to this Court and has been determined by us adversely to the position of…
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Sw. Lumber Co. v. Roberts (two cases), 101 So. 2d 819 (Fla. 1958)
Authorities Cited
- LEE Cnty. OIL Co., Inc. v. Marshall, 98 So. 2d 510 (Fla. 1st DCA 1957)