EILEEN MESSINA AND CHARLES MESSINA, APPELLANTS,
v.
J. BALDI, D/B/A J. BALDI BEAUTY SALON, APPELLEE
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The appellate court affirmed the trial court's order granting a new trial.
Plaintiff appealed an order granting a new trial. The trial judge cited the verdict being against the manifest weight of the evidence and influenced b…
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Plaintiff appeals an order granting a new trial. The appeal is pursuant to statute1 and by the terms of the statute we may consider only the grounds assigned by the trial judge as a basis for his order.
Among the grounds assigned by the trial judge were his findings that the verdict is against the manifest weight of the evidence and that the verdict was influenced by passion or prejudice.
We have reviewed this record in the light of the trial judge’s conclusion and the order granting a new trial is affirmed upon authority of Sadowski v. Mow, Fla.1961, 131 So.2d 3; Cloud v. Fallis, Fla. 1959, 110 So.2d 669.
The appellee filed cross-assignments of error addressed to rulings of the trial judge during the progress of the trial. These cross-assignments may not be considered under the limited scope of review permitted by Section 59.07(4) Fla.Stat., F.S.A., and are, therefore, stricken sua sponte.
It is so ordered.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bowen v. Willard, 340 So. 2d 110 (Fla. 1976)…ROBERTS and BOYD, JJ., concur. ADKINS, J., dissents. . Bowen v. Willard, 321 So. 2d 595, 597 (Fla. 1st DCA 1975). . Willard v. Bowen, 294 So. 2d 696, 697 (Fla. 1st DCA 1974). . Ibid. . Art. V, § 3(b)(3), Fla.Const. . See also Messina v. Baldi, 135 So. 2d 17 (Fla. 3rd DCA 1961). . Clement v. Aztec Sales, Inc., 297 So. 2d 1 (Fla. 1974). . See Matter of Vermeulen, 122 So. 2d 318 (Fla. 1st DCA 1960). . See, for example, C.G.J. Corp. v. Engel, 135 So. 2d 431 (Fla. 3d DCA 1961). . Williams v. State, 324…
Authorities Cited
- Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)
- Messina v. Baldi, 120 So. 2d 819 (Fla. 3d DCA 1960)
- F. P. Sadowski Corp. v. MOW, 131 So. 2d 3 (Fla. 1961)