# Alvarez v. Dade County School Board

> District Court of Appeal of Florida · February 4, 1986 · 11 Fla. L. Weekly 324

URL: https://www.frixlaw.com/law-library/cases/7547134

## Case

- **Full name:** Patricia ALVAREZ, individually and as mother and next friend of Jason Jackson, a minor v. The DADE COUNTY SCHOOL BOARD
- **Court:** District Court of Appeal of Florida
- **Decided:** February 4, 1986
- **Citations:** 11 Fla. L. Weekly 324; 482 So. 2d 542; 30 Educ. L. Rep. 965; 1986 Fla. App. LEXIS 6169
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Jorgenson, Nesbitt, Schwartz
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7547134

## Opinion text

PER CURIAM.
The two critical issues presented in this schoolground accident case were: one, at what time did the school authorities undertake to provide adult supervision on the school premises, and two, precisely at what time did the accident in question occur. The testimony on both of these issues was controverted. As a directed verdict is appropriate only when the evidence and all reasonable inferences therefrom fail to prove the plaintiffs case, it was error for the trial court to have directed a verdict in favor of the School Board. See Hartnett v. Fowler, 94 So.2d 724 (Fla.1957); Martin v. Kendall, 96 So.2d 668 (Fla.3d DCA 1957), cert. dismissed, 102 So.2d 727 (Fla.1958).
Accordingly, we reverse and remand for proper resolution of the factual issues. In view of our reversal of the directed verdict on these issues, we find it unnecessary to address appellant’s other points.
Reversed and remanded for further proceedings.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7547134. Public record. Not legal advice.