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PENSACOLA ELEC. GARAGE v. COLLEY

No. EE-310.

348 So.2d 667 (1977)

PENSACOLA ELECTRIC GARAGE, Willie Smith, and Home Insurance Company, Appellants, v. Effie C. COLLEY and Luby D. Colley, Appellees.

District Court of Appeal of Florida, First District.

August 5, 1977.

Attorney(s) appearing for the Case

Danny L. Kepner, of Shell, Fleming, Davis & Menge, Pensacola, for appellants.

Lefferts L. Mabie, Jr., and James A. Hightower, of Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, Pensacola, for appellees.

DREW, E. HARRIS (Ret.), Associate Judge.

In its order granting plaintiffs' motion for judgment, the trial court said:

"... Upon motion by plaintiffs for judgment in their favor for the total amount of damages found by the jury to have been sustained by them, notwithstanding the verdict of the jury which attributed to plaintiffs 35% of the negligence causing the accident, the court finds that said motion should be treated as a motion for judgment in accordance...

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