EDWARD R. ANNIS, M. D., APPELLANT,
v.
SOL GANG, APPELLEE
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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 case was remanded to reinstate the original judgment.
Yes, the order granting a new trial must be reversed because the trial court failed to state the grounds for its decision, violating Florida statute and rule.
“In granting the new trial, no ground was stated in the order.”
This quote establishes the critical factual basis for the appellate court's decision.
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Join FLexlaw to unlock all legal intelligenceThe appellant, a doctor, received a favorable jury verdict in a case where the appellee was the plaintiff. The trial court subsequently granted a new …
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This appeal seeks review of an order granting a new trial to the appellee, after a favorable jury verdict had been rendered for the appellant.
In granting the new trial, no ground was stated in the order. Failure to state a ground is contrary to the provisions of § 59.07(4), Fla.Stat, F.S.A. and Rule 2.8(f), Florida Rules of Civil Procedure, 31 F.S.A. Therefore, the order of the trial court granting a new trial be and the same is hereby reversed. See: Fulton v. Poston Bridge and Iron, Inc., Fla.App.1960, 122 So.2d 240; Gaskill v. Montague, Fla.App. 1961, 128 So.2d 420; Webb’s City, Inc. v. Lugerner, Fla.App.1962, 138 So.2d 531; A & P Bakery Supply and Equipment Co. v. H. Plexter & Son, Inc., Fla.App.1963, 149 So.2d 883. This cause is remanded to the trial court for the purpose of entering an order reinstating the judgment in favor of the appellant.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fulton v. Poston Bridge & Iron, Inc., 122 So. 2d 240 (Fla. 3d DCA 1960)
- Gaskill v. Montague, 128 So. 2d 420 (Fla. 3d DCA 1961)
- AETNA Cas. & Sur. Co. v. Simpson, 128 So. 2d 420 (Fla. 1st DCA 1961)
- A & P Bakery Supply & Equip. Co. v. H. Hexter & SON, Inc., 149 So. 2d 883 (Fla. 3d DCA 1963)
- Webb's City, Inc. v. Lugerner, 138 So. 2d 531 (Fla. 2d DCA 1962)