BETSY ANN ROSSEN A/K/A ELISABETH ROSSEN, APPELLANT,

v.

SOLOMON SMITH BARNEY, INC., APPELLEE

Citator

Cited By

• VAN v. Schmidt, 122 So. 3d 243 (Fla. 2013)
  …e record does not support the trial court’s determination; or (2) where the [*251] trial court’s determination rests on an incorrect conclusion of law.” Id. at 1108 (citing Jordan v. Brown, 855 So. 2d 231, 234 (Fla. 1st DCA 2003); Corbett v. Wilson, 48 So. 3d 131, 133 (Fla. 5th DCA 2010)). The First District concluded that in this case, “the trial court’s determination that the jury verdict was against the manifest weight of the evidence was premised on an erroneous conclusion of law.” Id. Specifically, the…
• Schmidt v. VAN, 65 So. 3d 1105 (Fla. 1st DCA 2011)
  …ination rests on an incorrect conclusion of law. See Jordan v. Brown, 855 So. 2d 231, 234 (Fla. 1st DCA 2003) (reversing order granting new trial where “no record basis” supported the reasons set forth in the trial court’s order); Corbett v. Wilson, 48 So. 3d 131, 133 (Fla. 5th DCA 2010) (reversing order granting new trial where determination was based on improper legal premise). In Corbett, the Fifth District reversed a trial court’s order granting a new trial holding that reversal was necessary because th…
• Kuebler v. Ferris, 65 So. 3d 1154 (Fla. 4th DCA 2011)
  …e is based on a fundamental principle in our civil jury system that the jury is free to accept or reject some, all, or none of the evidence introduced at trial. Schmidt v. Van, 65 So. 3d 1105, 1107-08 (Fla. 1st DCA 2011); see also Corbett v. Wilson, 48 So. 3d 131, 134 (Fla. 5th DCA 2010) (“The jury is free to weigh the credibility of an expert witness, just as any other witness, and to reject such testimony, even if uncontradicted.”) (citation omitted). Moreover, I do not agree with the majority that reversa…