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Acevedo Diaz v. Aponte, 1st Cir. (1993)

The US Court of Appeals for the First Circuit affirmed the jury verdicts in the lower court case. The appeals court found that the evidence presented at trial was conflicting. Additionally, the plaintiffs did not challenge the jury instructions from the magistrate judge or file for a new trial after the verdicts were rendered. Therefore, the appeals court declined to disturb the jury's resolution of the evidentiary conflicts or its choice among reasonable inferences. As a result, the appeals court summarily affirmed the lower court's verdicts.

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32 views3 pages

Acevedo Diaz v. Aponte, 1st Cir. (1993)

The US Court of Appeals for the First Circuit affirmed the jury verdicts in the lower court case. The appeals court found that the evidence presented at trial was conflicting. Additionally, the plaintiffs did not challenge the jury instructions from the magistrate judge or file for a new trial after the verdicts were rendered. Therefore, the appeals court declined to disturb the jury's resolution of the evidentiary conflicts or its choice among reasonable inferences. As a result, the appeals court summarily affirmed the lower court's verdicts.

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USCA1 Opinion

February 9, 1993

[NOT FOR PUBLICATION]


[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

_________________________
No. 92-1847
FRANCO ACEVEDO DIAZ, ET AL.,
Plaintiffs, Appellees,
v.
JOSE E. APONTE DE LA TORRE, ET AL.,
Defendants, Appellees.
_________________________
DIANETTE MATOS, ET AL.,
Plaintiffs, Appellants.
_________________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Justo Arenas, U.S. Magistrate Judge]
_____________________
_________________________
Before

Selya, Cyr and Stahl, Circuit Judges.


______________
_________________________

Raul Barrera Morales for appellants.


____________________
William Reyes Elias, with whom Cesar R. Miranda Law Office
___________________
____________________________
was on brief, for defendants-appellees.
_________________________

_________________________

Per Curiam.
Per Curiam.
___________
below,

The

appellants herein,

appeal from adverse jury verdicts.

plaintiffs

We have canvassed the

record, studied the briefs, and entertained oral argument.


The
the

evidence was clearly

plaintiffs neither

challenged

conflicting.
the magistrate

And, moreover,

judge's jury

instructions
rendered.
decline

nor moved for a

new trial after

Under the circumstances, we


to

resolution

disturb

the

of evidentiary

jury's

need go no further:

evaluative

conflicts, or

the verdicts were

judgments,

its choice

we

its

among what

were, at the very least, plausible, albeit competing, inferences.


See
___

La Amiga del Pueblo, Inc. v.


_________________________

Robles, 937 F.2d 689, 691 (1st


______

Cir. 1991).

This appeal, in its present posture, presents no fairly


debatable

question

summarily affirm.1

for

appellate

review.

We,

therefore,

See 1st Cir. Loc. R. 27.1.


___

Affirmed.
Affirmed.
________

____________________
1The
companion appeals,
consolidated for oral argument
separate opinion.

Nos.
92-1846
and
92-1848,
before us, will be resolved by

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