G. LLOYD PREACHER & CO.
v.
SARASOTA BAY HOTEL CO.
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The Florida Supreme Court affirmed an order granting a new trial, holding that if any ground in a motion for a new trial is sufficient, the order will be upheld, even if the trial judge doesn't specify the grounds.
Yes, the appellate court should affirm the order granting a new trial if any ground presented in the motion for a new trial is sufficient to justify the ruling.
“Where the trial court grants a new trial upon a motion containing several grounds, without stating any ground upon which the ruling was based, the order will be affirmed if any ground of the motion is sufficient to authorize the granting of the new trial.”
This quote establishes the core legal principle for affirming an order granting a new trial when grounds are not specified.
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Join FLexlaw to unlock all legal intelligenceA defendant was found liable by a jury, but the trial court granted a new trial upon the defendant's motion. The order granting the new trial did not …
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In this case the writ of error is to an. order granting a new trial to the defendant against whom a verdict was returned in an action at law.
Where the trial court grants a new trial upon a motion containing several grounds, without stating any ground upon: which the ruling was based, the order will be affirmed if any ground of the motion is sufficient to authorize the granting of the new trial. And it must be assumed that the trial judge based the order on grounds stated in the motion that *433warranted a new trial. See Scott v. National City Bank, 107 Fla. 818, 146 Sou. Rep. 573. On authority of the case just cited, the order granting a new trial here appealed from should be affirmed and it is so ordered.
Affirmed.
Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hart v. Held, 149 Fla. 33 (Fla. 1941)…everal grounds without stating in the order upon what ground the motion was granted the appellate court will assume it was granted upon the ground stated in the motion which justified the order. See G. Lloyd Preacher & Co. v. Sarasota Bay Hotel Co., 112 Fla. 432, 150 South. Rep. 590. The doctrine also obtains in this State that there is a presumption of correctness in favor of an order by the trial court granting a new trial, but where the evidence requires the finding to be made which was made and a judgm…
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Beckwith v. Bailey, 119 Fla. 316 (Fla. 1935)…outh Florida Farms Co., 95 Fla. 90, 116 Sou. Rep. 23; Luria v. Bank of Coral Gables, 106 Fla. 175, 142 Sou. Rep. 901, 143 Sou. Rep. 598; Scott v. National City Bank of Tampa, 107 Fla. 818, 146 Sou. Rep. 573; Preacher & Co. v. Sarasota Bay Hotel Co., 112 Fla. 432, 150 Sou. Rep. 590. The presumption on appeal is that the order granting a new trial was properly made. See: Louisville & N. R. Co. v. Wade, 49 Fla. 179, 36 Sou. Rep. 49; Dunnellon Phosphate Co. v. Crystal River Lumber Co., 63 Fla. 131, 58 Sou. Rep…
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Kight v. Am. Eagle Fire Ins. Co. of N.Y., 131 Fla. 764 (Fla. 1938)…th Florida Farms Co., 95 Fla. 90, 116 South. Rep. 23; Luria v. Bank of Coral Gables, 106 Fla. 175, 142 Sou. Rep. 901, 143 Suo. Rep. 598; Scott v. National City Bank of Tampa, 107 Fla. 818, 146 Sou. Rep. 573; Preacher & Co. v. Sarasota Bay Hotel Co., 112 Fla. 432, 150 Sou. Rep. 590.” In considering an order granting a new trial in the case of Carney v. Stringfellow, 73 Fla. 700, text 703, 74 So. 866, it was said by Mr. Justice Whitfield in behalf of this Court: “On writ of error taken under the Statute to…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City of DeLand v. Fearington, 108 Fla. 498 (Fla. 1933)
- Fletcher Scott v. The Nat'l City Bank of Tampa (Fla. 1931)