Judges: PER CURIAM
Attorneys: Wm. B. Watson, Jr., and H.L. Gray, both of Gainesville, for appellants.
Evan T. Evans, of Jacksonville, and Barton T. Douglas, of Gainesville, for appellee.
Filed: Nov. 30, 1948
Latest Update: Mar. 02, 2020
Summary: Action by Charles Walters against the Gainesville Gas Company, a corporation, and another for malicious prosecution. Judgment for plaintiff, and defendants appeal. Reversed, and new trial awarded. The plaintiff-appellee obtained a verdict and judgment for the sum of $2,000 in an action for malicious prosecution originating in the Circuit Court of Alachua County, Florida. On appeal here it is contended, among other things, that the evidence is legally insufficient to establish malice and want of
Summary: Action by Charles Walters against the Gainesville Gas Company, a corporation, and another for malicious prosecution. Judgment for plaintiff, and defendants appeal. Reversed, and new trial awarded. The plaintiff-appellee obtained a verdict and judgment for the sum of $2,000 in an action for malicious prosecution originating in the Circuit Court of Alachua County, Florida. On appeal here it is contended, among other things, that the evidence is legally insufficient to establish malice and want of p..
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I cannot concur in the judgment of reversal in this case. From an examination of the transcript of record, I find that there is substantial evidence which, if believed by the jury, was ample to justify the verdict which was rendered by it. Nelson v. State ex rel. Quigg, 156 Fla. 189, 23 So. 2d 136, and cases therein cited.
Moreover, it is reasonable to assume that the Circuit Judge likewise heard this evidence and believed it to be sufficient to sustain the verdict. He denied the motion for new trial.
It is my conclusion that the judgment should be affirmed.
