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349 So. 2d 700

Kaplan v. Ciavarella

District Court of Appeal of Florida

Decided August 16, 1977

District Court of Appeal of Florida · decided 1977-08-16

Cited by 2 later decisions — most recently July 1985

2 state decisions

Relies on Heymann v. Fusco

Good law ✅— No negative treatment on recordhow we know

Decided 1977-08-16

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DAUKSCH, Judge.

¶1Appealed is an Order for new trial after jury verdict which the court determined was not lawfully reached. The trial court held “. . . under no theory advanced either by the Plaintiffs or by the Defendant could the jury have lawfully reached its verdict of $19,075.00. This award is below the lowest amount which could possibly be reached under the evidence.”

¶2The Appellant has demonstrated and we find in the record a theory upon which the jury could have lawfully reached its verdict. Therefore the Order for new trial is reversed and the cause remanded for judgment on the verdict. Heymann v. Fusco, 132 So.2d 216 (Fla. 3d DCA 1961).

¶3REVERSED and REMANDED.

CROSS and ALDERMAN, JJ., concur.
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