ELIZABETH MARINI, APPELLANT,

v.

THE VOLUNTEER STATE LIFE INSURANCE COMPANY, APPELLEE

Citator

Cited By

• Collins Fruit Co. v. Giglio, 184 So. 2d 447 (Fla. 2d DCA 1966)
  …, and Pyms v. Meranda, Fla.1957, 98 So. 2d 341, and conversely, the most limited application when the new trial is awarded on a non-evidentiary ground. See McAllister Hotel, Inc. v. Porte, Fla.1960, 123 So. 2d 339; Nabelski v. Turner, Fla.App. 1965, 173 So. 2d 729; Tye v. Ruark, Fla.App.1965, 179 So. 2d 612; and Note, 16 U.Fla.L.Rev., 60, 70 (1963). The distinction is logical in view of the rationale that an appellate court, relying on a written record only, is poorly equipped to weigh evidence; but where the…
• Eli Gatlin v. Jacobs Constr. Co., 218 So. 2d 188 (Fla. 4th DCA 1969)
  …evidence. Cloud v. Fallis, Fla.1959, 110 So. 2d 669. Conversely, the most limited application is when the new trial is awarded on a non-evidentiary ground. McAllister Hotel, Inc. v. Porte, Fla.1959, 123 So. 2d 339; Nabelski v. Turner, Fla.App. 1965, 173 So. 2d 729. It is of course elementary that opening statements and closing arguments of counsel do not constitute evidence. Collins Fruit Company v. Giglio, Fla.App.1966, 184 So. 2d 447; 88 C.J.S. Trial § 161. The discretion of the trial court to set aside a…
• Harwell v. Blake, 180 So. 2d 173 (Fla. 2d DCA 1965)
  …reason to anticipate. She could have applied brakes or attempted to follow Mr. Burson. It does not appear that this factual condition is so different from that which appeared in Klepper v. Breslin, Fla., 83 So. 2d 587, Nabelski v. Turner, Fla.App., 173 So. 2d 729, and Midstate Hauling Company v. Fowler, supra, that the charge should not have been given. We conclude that the trial court committed error in reversing his ruling on the granting of this charge. The second basis in the granting of a new trial is…