ALAH MEDLEY HEGGIE, APPELLANT,
v.
LEONARD BROTHERS TRANSFER, INC., APPELLEE
ALAH MEDLEY HEGGIE, APPELLANT,
LEONARD BROTHERS TRANSFER, INC., APPELLEE
191 So. 2d 581
Florida District Court of Appeal, Third District (1966)
Negative Treatment
Cited by 3 cases
Opinion of the Court
This is an appeal by plaintiff, Alah Medley Heggie, from an order granting a new trial to defendant, Leonard Brothers Transfer, Inc.
We have reviewed the order appealed, the briefs, exhibits and record, and find that the trial court did not abuse is broad discretionary power in granting the new trial.
In view of the new trial we refrain from commenting on the evidence adduced heretofore, and affirm under the authority of Cloud v. Fallis, Fla.1959, 110 So.2d 669; Beebe v. Kaplan, Fla.App.1965, 177 So.2d 869; Van Scoyoc v. York, Fla.App.1965, 173 So.2d 483; Kaufman v. Sweet et al. Corporation, Fla.App.1962, 144 So.2d 515.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Archer-Daniels-Midland Co. v. A & P Bakery Supply & Equip. Co., 240 So. 2d 73 (Fla. 3d DCA 1970)…ce upon the proposition that an order granting a new trial is entitled to great weight upon appeal and will not be disturbed absent a showing of a clear abuse of discretion. See cases cited in Heggie v. Leonard Brothers Transfer, Inc., Fla.App.1966, 191 So. 2d 581. In the instant case the trial court denied the motion for continuance and then determined later that its exercise of discretion was against the established law upon the subject. The court determined that the initial ruling on the motion for continu…
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N. Beach Ass'n OF ST. Lucie Cnty., Inc. v. ST. Lucie Cnty., 706 So. 2d 62 (Fla. 4th DCA 1998)…that the adversary had been misled or prejudiced. Amendments should be liberally allowed under this rule, including pleadings in the lower tribunal, if it would not result in irremediable prejudice. This rule abrogated the dictum in Laug v. Murphy, 191 So. 2d 581 (Fla. 4th DCA 1966), cited by the trial court, to the effect that a notice of appeal cannot be amended after the expiration of the time allowed for appeal. It is not entirely uncommon for an appellant to request to file an amended brief to raise an…
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Rilling v. Dade Cnty., 35 Fla. Supp. 100 (Dade Cty. Cir. Ct. 1971)…d such rules do not authorize amendments to initial appellate pleadings after the time for filing the same. Thus the court is without authority to grant petitioners’ motion to amend to add the indispensable party. Cf. Lang v. Murphy, Fla. App. 1966, 191 So. 2d 581, and State v. Board of Zoning Adjustment of City of New Orleans, La. 1967, 197 So. 2d 691, 695. Also see Silver Star Citizens’ Committee v. City Council of Orlando, Fla. App. 1967, 194 So. 2d 681, wherein the court expressed doubt as to whether or n…
Authorities Cited
- Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)
- van Scoyoc v. Verdye Umstad York and Charlotte Paget, 173 So. 2d 483 (Fla. 2d DCA 1965)
- Irma Kaufman and her husband Harry Kaufman v. Sweet, 144 So. 2d 515 (Fla. 3d DCA 1962)
- Beebe v. Kaplan, 177 So. 2d 869 (Fla. 3d DCA 1965)