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Unformatted text preview: lly denied as moot.
Reversed and remanded with directions.
COPE, J., concurs.
SCHWARTZ, Chief Judge (dissenting in part).
I cannot find that the trial court abused its discretion in determining that the verdict was
contrary to the manifest weight of the evidence. Brown v. Estate of Stuckey, 749 So.2d
490 (Fla.1999); see Sheridan v. Forest Hills Public Schools, 247 Mich.App. 611, 637
N.W.2d 536 (2001). Indeed, after a review of the record, I am personally so convinced of 126 the injustice of the plaintiff's cause that I would have voted to reverse the trial judge if
she had ruled otherwise. Miller v. First American Bank and Trust, 607 So.2d 483 (Fla.
4th DCA 1992); see Florida Nat'l Bank v. Sherouse, 80 Fla. 405, 86 So. 279 (1920);
Newman v. Smith, 77 Fla. 633, 82 So. 236 (1918); Branam v. Aqua-Clear Pools, Inc.,
672 So.2d 69 (Fla. 3d DCA 1996); Ziontz v. Ocean Trail Unit Owners Ass'n, Inc., 663
So.2d 1334 (Fla. 4th DCA 1993). Accordingly, I would order a new trial in this case.
Fla.App. 3 Dist.,2004.
Russell v. KSL Hotel Corp.
887 So.2d 372, 29 Fla. L. Weekly D2119
Case # 16 CHASE v. WALGREEN COMPANY BRENDA DIANA CHASE, Appellant, v. WALGREEN COMPANY, ETC., Appellee.
CASE NO. 99-494
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT
750 So. 2d 93; 1999 Fla. App. LEXIS 16925; 15 BNA IER CAS 1506; 24 Fla. Law W. D
December 17, 1999, Opinion Filed
SUBSEQUENT HISTORY: [**1] Rehearing Denied February 7, 2000. Released for
Publication February 24, 2000.
PRIOR HISTORY: Appeal from the Circuit Court for Volusia County, Robert K. Rouse,
DISPOSITION: REVERSED and REMANDED.
COUNSEL: Frederick C. Morello and Andrew C. Gust, of Frederick C. Morello, P.A.,
Daytona Beach, for Appellant.
Eric R. Eide, of Grower, Ketcham, More', Rutherford, Noecker, Bronson, Siboni & Eide,
P.A., Orlando, for Appellee.
JUDGES: GRIFFIN, J., SHARP, W., J., concurs. COBB, J., dissents, with opinion.
[*94] GRIFFIN, J. 127 Brenda Diana Chase ["Chase"] appeals a final order of dismissal of her claim for
damages pursuant to section 440.205, Florida Statutes (1993). We reverse.
On October 2, 1993, Chase began her employment with Walgreen as a cashier at the
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