AFFIRMED.
*69HERSEY, J., and WALDEN, JAMES H., Senior Judge, concur.
WARNER, J., concurs in part and dissents in part with opinion.
613 So. 2d 268
David I. SOLOMON and Lois S. Solomon, Appellants, v. ATLANTIC 1ST PROPERTIES, INC., a Florida corporation and the general partner of Lazy Land Associates, Ltd., a Florida limited partnership, Appellee.
No. 91-3079.
District Court of Appeal of Florida, Fourth District.
Jan. 13, 1993.
Rehearing and/or Clarification and Rehearing En Banc Denied March 2, 1993.
Jon Jay Ferdinand of Ferdinand & Sullivan, P.A., Fort Lauderdale, for appellants.
Eric S. Glattner and Tom Shahady of Houston & Shahady, P.A., Fort Lauder-dale, for appellee.
concurring in part and dissenting in part.
I would affirm in part and reverse in part. This is an appeal from an order granting a new trial in a breach of contract action. In granting the motion for new trial the trial court found that the verdict was contrary to the manifest weight of the evidence as to a violation of Article 3.3 and of Article 3.9 of the contract. While I concur in the affirmance based upon the court’s conclusions as to Article 3.3,1 find I must dissent as to the court’s conclusion that the manifest weight of the evidence supported a finding of a violation of Article 3.9. The trial court could only have made such a finding by totally rejecting the appellant’s witnesses and ignoring the “as is” provisions of the contract. Thus, as to this particular issue, I would hold that the trial court abused its discretion. See Hodge v. Jacksonville Terminal Co., 234 So.2d 645 (Fla.), cert. denied, 400 U.S. 904, 91 S.Ct. 142, 27 L.Ed.2d 141 (1970).
Solomon v. Atlantic 1st Properties, Inc.
613 So. 2d 268
Case Details
613 So. 2d 268
References
Nothing yet... Still searching!
Nothing yet... Still searching!