SILVER SPRINGS BOTTLED WATER COMPANY
v.
TONIE BROADWAY AND JANALUISA BROADWAY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trial court did not abuse its discretion in ordering a new trial based on the admission of evidence regarding a prior knee surgery, though evidence of diabetes was properly admitted because the Broadways invited the issue on direct examination.
[1] Evidence of a party's medical condition is properly admitted when the party invites the issue on direct examination.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A heavy burden rests on appellants who seek to overturn such a ruling, and any abuse of discretion must be patent from the record.”
Standard for reviewing trial court discretionary decisions regarding new trial motions
Silver Springs Bottled Water Company appealed a trial court order granting the Broadways' motion for new trial. The trial court identified multiple gr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Direct Examination cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
SILVER SPRINGS BOTTLED WATER
COMPANY, Appellant/Cross-Appellee, v. Case No. 5D20-1249 LT Case No. 2016-CA-1680
TONIE BROADWAY AND JANALUISA
BROADWAY, Appellees/Cross-Appellants. ________________________________/ Opinion filed October 15, 2021 Appeal from the Circuit Court for Marion County, Edward L. Scott, Judge. Jessica C. Conner, of Walker, Revels, Greninger & Netcher, PLLC, Orlando, and S. Renee Stephens Lundy, of Dean, Ringers, Morgan & Lawton, P.A., Orlando, for Appellant/Cross-Appellee.
M. Shannon McLin, of Florida Appeals,
Orlando, and Peter G. Walsh, of David
W. Singer & Assoc., Hollywood, for
Appellees/Cross-Appellants.
PER CURIAM.
2 Silver Springs Bottled Water Company (“Silver Springs”) appeals the trial court’s order granting Tonie and Janaluisa Broadway’s (the “Broadways”) motion for new trial. In its order, the trial court identified several separate and independent grounds for a new trial—including the improper admission of evidence that Mr. Broadway had diabetes and a prior knee surgery.1 Mellerson, 675 So. 2d 980, 983 (Fla. 3d DCA 1996). However, based on our record and the arguments raised on appeal, we cannot conclude that the trial court abused its discretion when it ordered a new trial based on admission of the prior knee surgery issue. See Brown v. Est. of Stuckey, 749 So. 2d 490, 497–98 (Fla. 1999) (“When reviewing the order granting a new trial, an appellate court must recognize the broad discretionary authority of the trial judge and apply the reasonableness test to determine whether the trial judge committed an abuse of discretion.”); Castlewood Int’l Corp. v. LaFleur, 322 So. 2d 520, 522 (Fla. 1975) (“A heavy1 The Broadways cross-appeal the denial of their motion for new trial as to one ground. Given our disposition, we need not reach this issue.
3 burden rests on appellants who seek to overturn such a ruling, and any abuse of discretion must be patent from the record.” (citations omitted)). Accordingly, we affirm and remand for further proceedings.
AFFIRMED.
EISNAUGLE, HARRIS and WOZNIAK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rupert B. Brown v. The Est. OF A.P. Stuckey, Sr., 749 So. 2d 490 (Fla. 1999)
- Castlewood Int'l Corp. v. LaFLEUR, 322 So. 2d 520 (Fla. 1975)
- Segarra v. Mellerson, 675 So. 2d 980 (Fla. 3d DCA 1996)