ELIGHA MCGRIFF, APPELLANT,
v.
ASSOCIATED GROCERS OF FLORIDA, INC., ET AL., APPELLEES
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This is an appeal by the plaintiff from a final judgment entered by the trial court after the defendant had moved for a directed verdict at the close of all the evidence; the motion had been reserved by the court, and the jury had reported its verdict in favor of the plaintiff.
The question to be determined is whether a directed verdict was justified because the evidence considered as an entirety failed to prove the plaintiff’s case. Bruner v. Hart, Fla.1910, 59 Fla. 171, 51 So. 593 (1910); Jackson v. Harrell, Fla.App. 1965, 171 So.2d 633. Our review of the evidence indicates that the trial court correctly determined that the plaintiff failed to prove a breach of duty owed him by the defendant, one of the essential elements of negligence. See Abrams v. Nolan Brown Cadillac Co., Fla.App.1969, 228 So.2d 131.
Affirmed.
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State v. Haynes, 463 So. 2d 1248 (Fla. 5th DCA 1985)…plicitly compelled such a finding by the trial court, although there is case law which suggests that the general rule of law, subject to exceptions, is that a party should subpoena the witnesses he intends to rely upon at trial. See State v. Levine, 258 So. 2d 468 (Fla. 3d DCA 1972). Other cases state that “the better practice is to subpoena witnesses who may be called to testify at trial, rather than to rely upon their voluntary appearance.” Coplan Pipe & Supply Co. v. Ben-Frieda Corp., 256 So. 2d 218 (Fla.…
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Watson v. State, 989 So. 2d 699 (Fla. 4th DCA 2008)…lease of a witness who has shown up. The state makes the point, with which we agree, that generally speaking, a party should subpoena the witnesses the party intends to rely on. State v. Haynes, 463 So. 2d 1248 (Fla. 5th DCA 1985); State v. Levine, 258 So. 2d 468 (Fla. 3d DCA 1972); and Coplan Pipe & Supply Co. v. Ben-Frieda Corp., 256 So. 2d 218 (Fla. 3d DCA 1972). In Smith v. State, 762 So. 2d 929, 931 (Fla. 4th DCA 2000), this court stated that, in order for defendant to prevail on a motion for continuanc…
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Brown v. Miami Elevator Co., 323 So. 2d 15 (Fla. 3d DCA 1975)…evator which malfunctioned thereby causing plaintiff’s injury. A review of the record reveals that the court correctly ruled that there was no evidence of a negligent breach of duty. See McGriff v. Associated Grocers of Florida, Inc., Fla.App. 1972, 258 So. 2d 468. Affirmed.…
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- Bruner v. Hart, 59 Fla. 171 (Fla. 1910)
- Jess Abrams v. Nolan Brown Cadillac Co., 228 So. 2d 131 (Fla. 3d DCA 1969)
- Jackson v. Harrell, 171 So. 2d 633 (Fla. 1st DCA 1965)