Howe ex rel. Howe v. Wellons

Plaintiffs have appealed from a directed verdict in favor of the appellee. This directed verdict was rendered at the close of all the plaintiffs’ evidence taken during the second trial between these parties, the first action having been dismissed without prejudice. See Wellons v. Howe, Fla.App. 1966, 181 So.2d 370. Although the facts of the case were generally set forth in Wel-lons v. Howe, supra, some reiteration and additional details are needed here, as the point on appeal is: whether the trial court erred, as a matter of law, in directing a verdict for the defendant at the close of all…