MIRIAM REYES
v.
UNITED PROPERTY & CASUALTY INSURANCE COMPANY

Fla. 3d DCA | 2022-02-23
No. 19-1899
Hoyt
47 Fla. L. Weekly D171 Florida District Court of Appeal, Third District (2022) Positive Treatment
Also reported at: 336 So. 3d 782
Cited by 2 cases

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Holding

An appellant challenging a trial court's grant of a new trial bears a heavy burden, and mere evidence supporting the jury verdict does not demonstrate abuse of discretion.


Headnotes

[1] An appellant seeking to overturn a trial court's order granting a new trial bears a heavy burden, and any abuse of discretion must be clear from the record.

[2] The mere showing that evidence in the record supports a jury verdict does not demonstrate an abuse of discretion by the trial court in granting a new trial.

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Facts & Procedural History

Miriam Reyes brought an action against United Property & Casualty Insurance Company. The trial court granted a new trial, and Reyes appealed.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Brown v. Estate of Stuckey, 749 So. 2d 490, 496 (Fla. 1999) (“[A]n appellant seeking to overturn [a trial court’s order granting a new trial] has a heavy burden and any abuse of discretion by the trial court must be clear from the record.”); Van v. Schmidt, 122 So. 3d 243, 253 (Fla. 2013) (“The mere showing that there was evidence in the record to support the jury verdict does not demonstrate an abuse of discretion.”); Vargas v. Safepoint Ins. Co., 47 Fla. L. Weekly D171 (Fla. 3d DCA Jan. 12, 2022) (“We agree with the Fourth District and apply this ‘more common’ definition of the term ‘false statement’ to include an element of intent.”).


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