Legal Opinion

Fuote v. Maule

District Court of Appeal of Florida

Decided July 24, 1962No. 61-825PublishedCited by 8 opinions

1Opinion of the Court

BARKDULL, Judge.

Appellants appeal from a final judgment based upon an adverse jury verdict, and the only error properly preserved for our review is the sufficiency of the evidence to support the verdict.

The jury verdict in this case was for the appellee-plaintiff, and the post-trial motions filed by the appellant-defendant were denied. The verdict arrived in this court with a presumption of correctness. Snider v. Bancroft Inv. Corp., Fla.1952, 61 So.2d 184. It is not the function of an appellate court to consider the credibility of the witnesses, nor the weight to be given to particular…

2Cases cited2 opinions

  1. Dowling v. LoftinSupreme Court of Florida · 1954
  2. Atlantic Coast Line Railroad v. GoffDistrict Court of Appeal of Florida · 1959

3Cited by8 opinions

  1. Pix Shoes of Miami, Inc. v. HowarthDistrict Court of Appeal of Florida · 1967
  2. Sweeney v. WigginsDistrict Court of Appeal of Florida · 1977
  3. Thal v. RothDistrict Court of Appeal of Florida · 1965
  4. Lemay v. GarciaDistrict Court of Appeal of Florida · 1964
  5. Krest-View Nursing Home, Inc. v. SokolowDistrict Court of Appeal of Florida · 1965

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