CARNEGIE HOTEL CORPORATION, D/B/A BLUE WATERS HOTEL, A FLORIDA CORPORATION, APPELLANT,
v.
WILLIAM H. JACOBI, APPELLEE
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 appellate court affirmed the trial court's decision to grant a new trial, finding no abuse of discretion. The case involved a personal injury claim where the jury initially found for the defendant, but the judge granted the plaintiff's motion for a new trial.
No, the trial judge did not abuse his discretion in granting a new trial. The appellate court found that the appellant failed to demonstrate an abuse of discretion.
“The appellant has failed to demonstrate an abuse of discretion under the rule announced in Cloud v. Fallis, Fla. 1959, 110 So. 2d 669, and applied in Bennett v. Jacksonville Expressway Authority, Fla.1961, 131 So. 2d 740.”
This quote establishes the legal standard used by the appellate court to review the trial judge's decision.
The plaintiff sued the defendant hotel for personal injuries allegedly caused by the negligence of the hotel's employee. The jury returned a verdict i…
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 Manifest Weight Of The Evidence cases and more on FLexlaw
The appellant, defendant in the trial court, appeals an order granting a new trial. The action was for personal injuries alleged to have been caused by the negligence of defendant’s employee acting in the scope of his employment. The jury returned a verdict for the defendant and the trial judge granted plaintiff’s motion for a new trial.
The grounds set forth in the order granting the new trial are: (1) the verdict is *201contrary to the manifest weight of the evidence; (2) the verdict shows that the jury misunderstood the legal effect of the evidence; (3) the verdict upon the evidence presented shocked the judicial conscience of the court. The appellant has failed to demonstrate an abuse of discretion under the rule announced in Cloud v. Fallis, Fla. 1959, 110 So.2d 669, and applied in Bennett v. Jacksonville Expressway Authority, Fla.1961, 131 So.2d 740.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)
- In re Florida Appellate Rules, 131 So. 2d 740 (Fla. 1961)
- Bennett v. Jacksonville Expressway Auth., 131 So. 2d 740 (Fla. 1961)