State Ex Rel. Watt & Sinclair of Florida, Inc. v. Bird

On Petition for Rehearing.

Brown, J.

The petition for rehearing states that this Court omitted and failed to decide a vital question in this case. The question referred to is in substance this:. When at the conclusion of all the evidence in a case the defendant moves the court for an instructed verdict, which he is en titled to, and the defendant is compelled to take a writ of error to reverse an adverse verdict 'and judgment, which reversal he secures, is he not upon a remand of the case entitled,to a judgment as a matter of law?

If it were necessai-y or appropriate for us to rule upon this…