FLORIDA RULES OF CIVIL PROCEDURE

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Conflicting Evidence Precludes Entry of a Judgment Notwithstanding the Verdict

Facts

In a slip fall case, the Plaintiff was unable to articulate why she fell.  However, Plaintiff produced photographs and expert testimony of steps in a damaged condition. The trial court grated a judgment notwithstanding the verdict.

Issue(s) 

Whether the Court erred in granted the judgment notwithstanding the verdict.

Holding

Fourth DCA reversed and remanded for judgment on the verdict. A judgment notwithstanding the verdict was not proper in light of conflicting evidence.

Editor’s Notes

The opinion was barren as to the underlying judgment and damage amount(s).

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