JAMES GORDON GASKILL, APPELLANT,
v.
EDITH MONTAGUE AND JAMES F. MONTAGUE, HER HUSBAND, APPELLEES
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The appellate court reversed an order granting a new trial because the trial court failed to state the grounds for granting the new trial as required by Florida statute and rule. The appellate court directed that final judgment be entered for the party who obtained the jury verdict.
Yes, the trial court erred by granting a new trial without stating the grounds for its decision. The appellate court reversed the order granting the new trial.
“In this action for damages for personal injuries a jury verdict rendered for the defendant was set aside and plaintiffs' motion for new trial was granted.”
Describes the procedural posture of the case at the trial court level.
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Join FLexlaw to unlock all legal intelligenceA jury returned a verdict for the defendants in a personal injury action. The trial court granted the plaintiffs' motion for a new trial but did not s…
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In this action for damages for personal injuries a jury verdict rendered for the defendant was set aside and plaintiffs’ motion for new trial was granted. No grounds were stated in the order, as they are required to be by § 59.07(4), Fla.Stat., F.S.A., and rule 2.6(d), F.R.C.P., 31 F.S.A. Defendant’s appeal assigned as error the failure of the order granting new trial to state any grounds therefor. See Booker v. Saunders Realty Co., Fla.1951, 53 So.2d 912; Ebersole v. Tepperman, Fla.1953, 65 So.2d 564; Means v. Douglas, Fla.App. 1959, 110 So.2d 88; Fulton v. Poston Bridge & Iron, Inc., Fla.App.1960, 122 So.2d 240.
The order appealed from is reversed, and the cause is remanded with directions, as provided for in said § 59.04, id., “that final judgment be entered in the trial court for the party obtaining the verdict, unless motion in arrest of judgment or for judgment non obstante veredicto be made and prevail.”
Reversed and remanded.
HORTON, C. J., CARROLL, CHAS., J., and SMITH, D. R., Associate Judge, concur.
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Citator
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CAT 'N Fiddle, Inc. v. The Century Ins. Co., 213 So. 2d 701 (Fla. 1968)…ce. Balancing the ease with which an insurer can adopt effective means to communicate such notice to the insured personally (see Service Fire Ins. Co. of N. Y. v. Markey (Fla.1956), 83 So. 2d 855, and Aetna Cas. & Sur. Co. v. Simpson (Fla.App.1961), 128 So. 2d 420) against the serious nature of the risk created when the insurer chooses or relies on less direct methods of effecting notice of cancellation, public policy clearly commands a preference for the former. Accordingly, when an insurer chooses to rely o…
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Sroczyk v. Fritz, 220 So. 2d 908 (Fla. 1969)…d error of the trial court must be made to affirmatively appear from the record. In the record before the district court there was no express ruling by the trial court on the motion to dismiss. In Aetna Casualty and Surety Co. v. Simpson, Fla.App., 128 So. 2d 420, the defendant in the trial court filed a motion for summary judgment with accompanying affidavits. No order on this motion ap [*913] peared in the record, but the case was later tried and verdict and judgment rendered for plaintiff. On appeal the a…
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Allstate Ins. Co. v. Dougherty, 197 So. 2d 563 (Fla. 3d DCA 1967)…ence of the receipt of” the notice by the insured. Bradley v. Associates Discount Corp., Fla.1952, 58 So. 2d. 857; Service Fire Insurance Co. of New York v. Markey, Fla.1955, 83 So. 2d 855; Aetna Casualty and Surety Company v. Simpson, Fla.App.1961, 128 So. 2d 420. Applying the principles of law enunciated', above to this case, it is readily apparent that the chancellor erred in his findings when:, he stated: “I think the burden was on the company • to do something to be sure that this-notice got to her — f…
Previewing 3 of 28 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fulton v. Poston Bridge & Iron, Inc., 122 So. 2d 240 (Fla. 3d DCA 1960)
- Means v. Douglas, 110 So. 2d 88 (Fla. 1st DCA 1959)
- State ex rel. Peterman v. Adams, 65 So. 2d 564 (Fla. 1953)