Allstar Cleaning Service, Inc. v. Grinwis ( 2017 )

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ALLSTAR CLEANING SERVICE, INC.,
Appellant,
v. Case No. 5D16-2617
ANNA GRINWIS AND JOHN GRINWIS,
Appellees.
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Opinion filed October 20, 2017
Appeal from the Circuit Court
for Brevard County,
Robert A. Wohn, Jr., Judge.
Dennis R. O’Connor, of O’Conner &
O’Conner, LLC, Winter Park, and Warren
Kwavnick, of Cooney Trybus Kwavnick
Peets, Fort Lauderdale, for Appellant.
Gregory J. Donoghue, N. John Hedrick, Jr.,
and Robert D. Hoag, of Law Offices of
Donoghue & Associates, Melbourne, for
Appellees.
PER CURIAM.
This appeal is from an order granting the plaintiffs’ motion for new trial after the
jury returned its verdict in favor of Allstar Cleaning Services, Inc. in a failure to warn, slip
and fall case. The trial court erroneously concluded that the verdict was against the
greater weight of the evidence. In this case, there was conflicting testimony regarding
liability and injury causation from a number of witnesses. “A jury verdict is contrary to the
manifest weight of the evidence only when the evidence is clear, obvious, and
indisputable.” Jones v. Stevenson, 598 So. 2d 219, 220 (Fla. 5th DCA 1992) (internal
quotation and citation omitted). “A jury’s verdict is generally not against the manifest
weight of the evidence if the record shows conflicting testimony from two or more
witnesses.” Lindon v. Dalton Hotel Corp., 113 So. 3d 985, 987 (Fla. 5th DCA 2013).
“[W]here there is conflicting evidence, the weight to be given that evidence is within the
province of the jury.” Harlan Bakeries, Inc. v. Snow, 884 So. 2d 336, 340 (Fla. 2d DCA
2004). Nor can the order granting a new trial be sustained based upon the jurors’
questions as suggested by the trial court; there was nothing in the record to indicate that
the jury’s verdict was the result of anything other than its consideration of the disputed
evidence and the trial court’s instructions on the law.
Accordingly, we reverse and remand with instructions for the trial court to enter
final judgment in favor of the Appellant.
REVERSED AND REMANDED WITH INSTRUCTIONS.
TORPY, EDWARDS, and EISNAUGLE, JJ., concur.
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