Navarro v. City of Miami, s. 80-756
Decision Date | 07 July 1981 |
Docket Number | Nos. 80-756,80-1051,s. 80-756 |
Citation | 402 So.2d 438 |
Parties | Maria C. NAVARRO and Fernando Navarro, Appellants, v. CITY OF MIAMI, a Political Subdivision of the State of Florida, Appellee. |
Court | Florida District Court of Appeals |
Appeals from Circuit Court, Dade County; James H. Earnest, Judge.
Greene & Cooper and Joan M. Bolotin, Sidney A. Goldberg and Mark R. Baer, Miami, for appellants.
George F. Knox, Jr., City Atty. and Mikele S. Carter, Asst. City Atty., for appellee.
Before HUBBART, C.J., and HENDRY and DANIEL S. PEARSON, JJ.
It appearing that there was sufficient, although conflicting, evidence in the record tending to support the jury verdict rendered in favor of Maria and Fernando Navarro. We must reverse the judgment and cost judgment entered in favor of the City of Miami, notwithstanding the verdict. Hilkmeyer v. Latin American Air Cargo Expediters, 94 So.2d 821 (Fla.1957); Mullis v. City of Miami, 60 So.2d 174 (Fla.1952); Packer v. Winston Towers One Hundred Association, Inc., 377 So.2d 46 (Fla.3d DCA 1979). However, we remand the cause to the trial court to rule upon the City's motion for new trial, which motion the trial court was apparently inclined to grant, but erroneously believed was mooted by the entry of the judgment n.o.v. Instead, a ruling on the motion for new trial should have been made as an alternative to the judgment entered. Kaufman v. Sweet et al. Corporation, 144 So.2d 515 (Fla.3d DCA 1962). In the event the trial court determines not to grant a new trial, then we direct that it enter judgment in favor of Maria and Fernando Navarro in accordance with the jury verdict.
Reversed and remanded for further proceedings.
To continue reading
Request your trial-
Collins v. School Bd. of Broward County
...allow the lower court to rule on the remaining motions. See Van Dusen v. Dobson, 457 So.2d 1062 (Fla. 2d DCA 1984); Navarro v. City of Miami, 402 So.2d 438 (Fla. 3d DCA 1981). Accordingly, we reverse the trial court's order granting the School Board's motion for directed verdict, and instru......
-
Ligman v. Tardiff, 84-127
...Ford Motor Co. v. Kikis, 401 So.2d 1341 (Fla.1981); Reams v. Vaughn, 435 So.2d 879, 881 (Fla. 5th DCA 1983); Navarro v. City of Miami, 402 So.2d 438 (Fla. 3d DCA 1981); Kilburn v. Davenport, 286 So.2d 241 (Fla. 3d DCA 1973), cert. denied, 295 So.2d 301 (Fla.1974); Stupp v. Cone Brothers Con......
-
Grady v. Department of Professional Regulation, Board of Cosmetology
... ... Harlan Street and Sanford Freedman, North Miami, for appellant ... Jim Smith, Atty. Gen. and Susan Tully, ... ...
-
Winn-Dixie Stores, Inc. v. Robinson
...Motor Co. v. Kikis, 401 So.2d 1341, 1342 (Fla.1981). See also Reams v. Vaughn, 435 So.2d 879 (Fla. 5th DCA 1983); Navarro v. City of Miami, 402 So.2d 438 (Fla. 3d DCA 1981). We must now address the propriety of the district court's reversal of the order granting remittitur or new trial. Win......