DENT
v.
MARGARET ANN SUPER MARKETS
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The Florida Supreme Court affirmed an order granting a new trial in a false imprisonment and malicious prosecution case, holding that the trial court did not abuse its discretion.
No, the trial court did not abuse its discretion in granting the motion for a new trial.
“the granting of a new trial rests primarily in the sound legal discretion of the trial court, and that his determination will not be disturbed in the absence of a clear abuse of discretion.”
This quote establishes the legal standard for reviewing a trial court's decision to grant a new trial.
The appellant sued the appellee for false imprisonment and malicious prosecution. A jury returned a verdict in favor of the appellant. The trial court…
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*131 ROBERTS, Justice.
This is an appeal from an order granting a motion for new trial in a suit filed by appellant against appellee to recover damages for false imprisonment and malicious prosecution, a verdict having been returned in appellant's favor.
This court has many times held that the granting of a new trial rests primarily in the sound legal discretion of the trial court, and that his determination will not be disturbed in the absence of a clear abuse of discretion. See Florida Coastal Theatres, Inc., v. Belflower, 159 Fla. 741, 32 So. 2d 738, and cases therein cited. No such abuse of discretion has been shown; and, accordingly, the order granting a new trial should be and it is hereby Affirmed.
SEBRING, C.J., and CHAPMAN and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
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Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)…Copeland, Fla., 89 So. 2d 18. Inasmuch as such motions are granted in the exercise of a sound, broad discretion the ruling should not be disturbed in the absence of a clear showing that it has been abused. Dent v. Margaret Ann Super Markets, Fla., 52 So. 2d 130; Geffrey v. Langston Const. Co., Fla., 58 So. 2d 698; Pyms v. Meranda, supra. The burden to make error clearly appear is on the appellant. Although when such an attempt is made the record must be examined by the appellate court, the as-sailant cann…
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Mills v. Redwing Carriers, Inc., 127 So. 2d 453 (Fla. 2d DCA 1961)…duty to grant a new trial. Inasmuch as such motions are granted in the exercise of a sound, broad discretion the ruling should not be disturbed in the absence of a clear showing that it has been abused. Dent v. Margaret Ann Super Markets, Fla.1951, 52 So. 2d 130; Geffrey v. Langston Construction Co., Fla.1952, 58 So. 2d 698; Cloud v. Fallis, Fla.1959, 110 So. 2d 669. A legal presumption exists that the trial judge acted properly in granting a new trial and it has been held that a stronger showing is require…
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Smith v. Brown, 525 So. 2d 868 (Fla. 1988)…Copeland, Fla., 89 So. 2d 18. Inasmuch as such motions are granted in the exercise of a sound, broad discretion the ruling should not be disturbed in the absence of a clear showing that it has been abused. Dent v. Margaret Ann Super Markets, Fla., 52 So. 2d 130; Geffrey v. Langston Const. Co., Fla., 58 So. 2d 698; Pyms v. Meranda [Fla., 98 So. 2d 341], supra. Id. at 673. Thereafter, in Baptist Memorial Hospital, Inc. v. Bell, 384 So. 2d 145 (Fla.1980), we explained the standard to be applied by an appell…
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