KENDALL MALL, INC., APPELLANT,
v.
CHURCHILL'S HAIR DESIGNER TO MEN AND WOMEN, INC., APPELLEE

Fla. 3d DCA | 1978-05-30
No. 77-1889
Before BARKDULL, NATHAN and HUBBART, JJ.
358 So. 2d 1190 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The only point raised in this appeal by the defendant-lessor from an adverse final money judgment in an action for breach of lease, is that the plaintiff-lessee failed to properly prove its damages. Having considered the contentions raised in the parties’ briefs in the light of the record on appeal and the transcript of the non-jury trial, we are of the opinion that no reversible error has been demonstrated because the award of damages is supported by unrefuted competent substantial evidence.

Affirmed.


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  • Jones v. Stevenson, 598 So. 2d 219 (Fla. 5th DCA 1992)
    …d that the jury’s verdict was against the manifest weight of the evidence. This conclusion was error. A jury verdict is contrary to the manifest weight of the evidence only when the evidence is “clear, obvious, and indisputable. Perenic v. Castelli, 358 So. 2d 1190, 1192 (Fla. 4th DCA 1977), cert. denied, 359 So. 2d 1211 (Fla.1978). In this case, the evidence was conflicting, but equally compelling in favor of both the appellants and Stevenson. Therefore the issue of whether the appellants were negligent was…

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