EDMUND WEISLO AND MARIE E. WEISLO, HIS WIFE, APPELLANTS,

v.

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MARTIN COUNTY, A UNITED STATES CORPORATION, THEODORE R. DE VARY AND LIDA L. DE VARY, HIS WIFE, ALSO KNOWN AS LIDA L. MENNINGER, A FREE AGENT, AND GERALD SOLOMON AND THEODORA SOLOMON, HIS WIFE, APPELLEES

Citator

Cited By

• B.G. Wasden v. Seaboard Coast Line R.R. Co., 474 So. 2d 825 (Fla. 2d DCA 1985)
  …a clear showing of abuse. Castlewood International Corp. v. La Fleur, 322 So. 2d 520 (Fla.1976). We do not find, from an examination of the record in this case, that the trial judge’s finding has reasonable support in the record. Webster v. Harmon, 240 So. 2d 69 (Fla. 4th DCA 1970). In reviewing this case, we have about come full circle in regard to our scope of review. In doing so, the rules become intertwined and entangled. (We have probably plowed the field again ourselves.) First, if the error is compla…
• Wade S. Weems, M.D. v. Dawson, 352 So. 2d 1196 (Fla. 4th DCA 1977)
  …dgment of the court.’ ” Castleweed International Corporation v. LaFleur, 322 So. 2d 520, 522 (Fla.1976). Thus, one attacking an order granting a new trial has the burden to make error clearly appear and it is a very heavy burden. Webster v. Harmon, 240 So. 2d 69 (Fla. 4th DCA 1970). The function of an appellate court in reviewing an order granting a new trial is commented upon in the dissenting opinion of Judge Smith in Ward v. Orange Memorial Hospital Association, Inc., 193 So. 2d 492 (Fla. 4th DCA 1967):…
• City OF Hollywood v. Jarkesy, 343 So. 2d 886 (Fla. 4th DCA 1977)
  …Oil Company v. Herring, 146 Fla. 154, 200 So. 376 (1941); accord, Roberts v. Bushore, 182 So. 2d 401 (Fla.1966). The role of an appellate court in reviewing an order granting a motion for new trial was set forth by this court in Webster v. Harmon, 240 So. 2d 69 (Fla. 4th DCA 1970). There it was stated: “. . . Our function in reviewing the order is simply to determine whether or not the trial court’s finding has some reasonable support in the record. [Citations omitted] If the record does contain such supp…

Authorities Cited

• Reasoner v. Fisikelli, 114 Fla. 102 (Fla. 1934)
• Roberts v. Bass, 111 So. 2d 455 (Fla. 1st DCA 1959)