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Levey v. Getelman

Levey v. Getelman, 444 So. 2d 1027 (Fla. Dist. Ct. App. 1984)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
January 17, 1984
Docket
No. 83-1573
Judges
Barkdull, Baskin and Ferguson
Citations
444 So. 2d 1027
Cited by 6

Opinion

444 So.2d 1027 (1984)

Burton R. LEVEY, Appellant,

v.

Michael J. GETELMAN, Appellee.

No. 83-1573.

District Court of Appeal of Florida, Third District.

January 17, 1984. Rehearing Denied February 24, 1984.

Floyd, Pearson, Stewart, Richman, Greer, Weil & Zack; Ellen C. Freidin, Miami, for appellant.

Lapidus & Stettin, and Herbert Stettin, Miami, for appellee.

Before BARKDULL, BASKIN and FERGUSON, JJ.

*1028 PER CURIAM.

The first appearance of this case before the court resulted in reversal of a summary judgment entered by the trial court in favor of appellee-defendant. Levey v. Getelman, 408 So.2d 663 (Fla. 3d DCA 1981). The present appeal is from a final judgment entered on an order granting appellee's motion for a directed verdict made at the end of appellant-plaintiff's case. Again, we reverse.

On examination of the record we find that sufficient evidence was presented to raise a jury question on the issues of material fraud and damages. Where evidence is conflicting, or will admit of different reasonable inferences, the issue should be submitted to the jury as a question of fact, and not passed upon by the judge as a matter of law. Hendricks v. Dailey, 208 So.2d 101 (Fla. 1968); Behar v. Root, 393 So.2d 1169 (Fla. 3d DCA 1981).

Reversed and remanded for further proceedings.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1984: 11985: 22001: 12012: 12024: 119842026peak 1985 · 2

Relies on it most ⓘ

  1. Jaar v. University of Miami474 So. 2d 239 (Fla. Dist. Ct. App. 1985)
  2. Dunn v. State454 So. 2d 641 (Fla. Dist. Ct. App. 1984)
  3. Getelman v. Levey481 So. 2d 1236 (Fla. Dist. Ct. App. 1985)
  4. Union Carbide Corp. v. Aubin97 So. 3d 886 (Fla. Dist. Ct. App. 2012)
  5. Martinolich v. Golden Leaf Management, Inc.786 So. 2d 613 (Fla. Dist. Ct. App. 2001)
  6. Ira Wenzel, and Nicole Wenzel v. Homeowners Choice Property & Casualty Insurance CompanyNo. 2023-0088 (Fla. Dist. Ct. App. Apr. 24, 2024)

Most recent

  1. Ira Wenzel, and Nicole Wenzel v. Homeowners Choice Property & Casualty Insurance CompanyNo. 2023-0088 (Fla. Dist. Ct. App. Apr. 24, 2024)
  2. Union Carbide Corp. v. Aubin97 So. 3d 886 (Fla. Dist. Ct. App. 2012)
  3. Martinolich v. Golden Leaf Management, Inc.786 So. 2d 613 (Fla. Dist. Ct. App. 2001)
  4. Getelman v. Levey481 So. 2d 1236 (Fla. Dist. Ct. App. 1985)
  5. Jaar v. University of Miami474 So. 2d 239 (Fla. Dist. Ct. App. 1985)
  6. Dunn v. State454 So. 2d 641 (Fla. Dist. Ct. App. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Hendricks v. Dailey, 208 So. 2d 101 (Fla. 1968) 59
Levey v. Getelman, 408 So. 2d 663 (Fla. Dist. Ct. App. 1981) 26
Behar v. Root, 393 So. 2d 1169 (Fla. Dist. Ct. App. 1981) 20
Urcuyo v. Urcuyo, 444 So. 2d 1027 (Fla. Dist. Ct. App. 1984) 1

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