Legal Opinion

Lowery v. Rosenberg

District Court of Appeal of Florida

Decided December 11, 1962No. D-256PublishedCited by 15 opinions

1Opinion of the Court

CARROLL, DONALD K., Chief Judge.

The defendants in a negligence action have appealed from a verdict and final judgment entered by the Circuit Court for Escambia County, after a trial without a jury.

The basic question for determination in this appeal is whether the evidence adduced at the trial was sufficient to subject the defendants to liability for damages under a recognized and applicable rule of liability.

All parties waived their rights to a trial by jury in accordance with the procedural rules in Florida, and so the case was properly tried by the Circuit Judge, *322sitting, in effect, as the…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Comeau v. ComeauMassachusetts Supreme Judicial Court · 1934
  2. Goldberg v. StrausSupreme Court of Florida · 1950
  3. Cochran v. AbercrombieDistrict Court of Appeal of Florida · 1960
  4. Cosgrave v. MalstromSupreme Court of New Jersey · 1941

3Cited by15 opinions

  1. Crutchfield v. AdamsDistrict Court of Appeal of Florida · 1963
  2. Cuna Mutual Insurance Society v. AdamidesDistrict Court of Appeal of Florida · 1976
  3. Best Concrete Corp. v. Oswalt Engineering Serv. Corp.District Court of Appeal of Florida · 1966
  4. Smith v. Montgomery Ward & Co.District Court of Appeal of Florida · 1970
  5. McDaniel v. MendezDistrict Court of Appeal of Florida · 1967

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