Opinion
No. 83-1573.
January 17, 1984. Rehearing Denied February 24, 1984.
Appeal from the Circuit Court, Dade County, Rhea Grossman, J.
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.
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.