EDWARD A. DOERR, SR., AND DANYEAL CORNETT AND MRS. DANYEAL CORNETT, HIS WIFE, APPELLANTS,

v.

M. D. FUTCH AND ALICE P. ENGELBERG, APPELLEES

Citator

Cited By

• Oakes v. Pittsburgh Corning Corp., 546 So. 2d 427 (Fla. 3d DCA 1989)
  …rmissible basis for setting the verdict aside. It is true that a finding that the jury was improperly influenced by considerations outside the record permits and may mandate a new trial. See Cloud v. Fallis, 110 So. 2d 669 (Fla.1959), Miles v. Ware, 204 So. 2d 524 (Fla. 3d DCA 1967), cert. denied, 210 So. 2d 869 (Fla.1968). But Oakes’s appearance was pre-eminently within the record itself as a circumstance which the jury was not only entitled to, but probably required to consider. Florida Greyhound Lines, Inc…
• Nat'l W. Life Ins. Co. v. Walters, 216 So. 2d 485 (Fla. 3d DCA 1968)
  …06 So. 2d 250. And, it takes a stronger showing to upset an order granting a new trial than it does an order denying a new trial. Pyms v. Meranda, Fla.1957, 98 So. 2d 341; Pemberton v. Keel, Fla.App.1967, 195 So. 2d 632; Miles v. Ware, Fla.App.1967, 204 So. 2d 524, 525. However, when it is apparent from the ground stated in granting a new trial1 that the trial judge is acting under an erroneous legal assumption, then it is not a question of discretion but a question of the legal sufficiency of the ground or r…
• Litho Arts, Inc. v. MacKe Bindery, 230 So. 2d 192 (Fla. 3d DCA 1970)
  …PER CURIAM. Affirmed on the authority of Pyms v. Meranda, Fla.1957, 98 So. 2d 341; Cloud v. Fallis, Fla.1959, 110 So. 2d 669; Grant v. Williams, Fla.App.1966, 190 So. 2d 23; Miles v. Ware, Fla.App.1967, 204 So. 2d 524.…

Authorities Cited

• Nat'l Airlines, Inc. v. Oscar E. Dooly Assocs., Inc., 160 So. 2d 53 (Fla. 3d DCA 1964)
• Moylan v. Sophronia I. Estes, 102 So. 2d 855 (Fla. 3d DCA 1958)