UBERLANDO LEYVA AND ALICIA LLANES, APPELLANTS,
v.
SALVADOR TRUJILLO AND ENTERPRISE LEASING COMPANY, APPELLEES

Fla. 3d DCA | 2010-01-27
No. 3D08-2090
Before RAMIREZ, C.J., and ROTHENBERG, J., and SCHWARTZ, Senior Judge.
26 So. 3d 664 Florida District Court of Appeal, Third District (2010) Positive Treatment
Cited by 2 cases

Opinion of the Court
ROTHENBERG, J.

ROTHENBERG, J.

In this automobile negligence action, the plaintiffs, Uberlando Leyva and Alicia Llanes, appeal the denial of their motion for new trial which asserted that the jury’s verdict of no liability on the part of the defendants, Salvador Trujillo and Enterprise Leasing Company, is against the manifest weight of the evidence. As the evidence adduced at trial was conflicting, we find that the trial court did not abuse its discretion in denying the motion for new trial. See Weatherly v. Louis, — So.3d -(Fla. 3d DCA 2009); Rosario-Paredes v. J.C. Wrecker Sen., 975 So.2d 1205 (Fla. 5th DCA 2008).

The remaining issue raised by the plaintiffs lacks merit. Accordingly, we affirm.

Affirmed.


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  • LEE v. State, 56 So. 3d 113 (Fla. 3d DCA 2011)
    …uant to Rule 3.800(c), Florida Rule of Criminal Procedure. We dismiss the appeal. Notwithstanding the language in the trial court’s order of dismissal, the denial of a Rule 3.800(c) motion to mitigate is not an appealable order. See Mann v. State, 26 So. 3d 664 (Fla. 3d DCA 2010); Falco v. State, 44 So. 3d 198, 198 (Fla. 4th DCA 2010) (“Despite the language in the order of dismissal informing appellant that she [*114] had thirty days to appeal, there is no right to appeal from the denial of a rule 3.800(c)…
  • Casciola v. State, 37 So. 3d 347 (Fla. 2d DCA 2010)
    …d to the court as a partial payment on previously ordered restitution owed to victims in this case. An order denying a motion to mitigate sentence is not an appealable order. See Moya v. State, 668 So. 2d 279, 280 (Fla. 2d DCA 1996); Mann v. State, 26 So. 3d 664, 664 (Fla. 3d DCA 2010); Muller v. State, 938 So. 2d 609, 609 (Fla. 1st DCA 2006). Although this court could exercise its certiorari jurisdiction, cf. Moya, 668 So. 2d at 280, we decline to do so because the facts of this case, which are briefly dis…

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