CALAFIORE v. PAPARO

No. 72-80.

266 So.2d 388 (1972)

Joseph B. CALAFIORE and Ruth Calafiore, His Wife, Appellants, v. Joseph PAPARO et al., Appellees.

District Court of Appeal of Florida, Third District.

September 19, 1972.


Attorney(s) appearing for the Case

Horton, Schwartz & Perse, Miami, for appellants.

Hyzer, Knight & Lund, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.


PER CURIAM.

The plaintiff filed a complaint asking for declaratory relief and an accounting. The trial court, without objection of counsel, determined that there was one factual issue to be tried and impaneled a jury to try the issue. At the conclusion of plaintiff's case, the trial court directed a verdict upon the ground that there was no evidence upon which the jury could legally find for the plaintiff on the basis of the issue of fact. Then, the trial judge, acting...

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