KAPLAN v. CIAVARELLA

No. 76-1460.

349 So.2d 700 (1977)

Herbert A. KAPLAN, Appellant, v. Ben CIAVARELLA and Frank Ciavarella, Appellees.

District Court of Appeal of Florida, Fourth District.

August 16, 1977.


Attorney(s) appearing for the Case

Larry Klein, West Palm Beach, and Brennan, McAliley, Albury & Hayskar, West Palm Beach, for appellant.

B.F. Paty, Jr., Paty, Downey, Lewis, Eaton, Fick & Martin, Palm Beach, for appellees.


DAUKSCH, Judge.

Appealed 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."

The Appellant has demonstrated and we find in the record a theory upon which the jury...

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