1 – Elements and Case Citations
Florida Rule of Civil Procedure 1.480(a) authorizes a party to move for a directed verdict at the close of the evidence and before the case is submitted to the jury.
To obtain a directed verdict, the movant must establish that “the evidence viewed in the light most favorable to the non-moving party, shows that a jury could not reasonably differ as to the existence of a material fact and the movant is entitled to judgment as a matter of law.” Speedway, LLC v. Cevallos, 331 So. 3d 731, 735 (Fla. 4th DCA 2021). “A motion for directed verdict should not be granted unless the trial court, after viewing the evidence in the light most favorable to the non-moving party, determines that no reasonable jury could render a verdict for the non-moving party.” Houghton v. Bond, 680 So. 2d 514, 522–23 (Fla. 1st DCA 1996) (internal citations omitted) (emphasis added). “Such a motion should be considered by a trial court with extreme caution, because the granting thereof amounts to a holding that the non-moving party’s case is devoid of probative evidence.” Id.
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