MORRIS E. COX
v.
JOHN E. HOOVER

Fla. | 1942-11-10
WHITFIELD, TERRELL and BUFORD, JJ., concur., BROWN, C.J., and THOMAS, J., dissent., CHAPMAN, J., not participating.
151 Fla. 740 Florida Supreme Court (1942)
Also reported at: 10 So. 2d 563

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Synopsis

The Florida Supreme Court reversed an order granting a new trial, finding no reversible error in the trial court's jury charges and directing judgment for the defendant.


Holding

No, the trial court erred in granting the plaintiff's motion for a new trial. The appellate court found no reversible error in the jury charges.


Key Quotes

“We have examined the charges and find no reversible error in them.”

Establishes the appellate court's finding regarding the jury charges.

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Facts & Procedural History

The plaintiff moved for a new trial, arguing that the jury charges given by the trial court were erroneous, misleading, and harmful. The trial court g…

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Opinion of the Court
ADAMS, J.:

ADAMS, J.:

This is an appeal from an order granting plaintiff’s motion for a new trial. The trial court was of the opinion that erroneous charges were given and that sanie were misleading and harmful.

We have examined the charges and find no reversible error in them. We have also considered the entire charge and find it to be both fair and comprehensive.

*741The order granting a new trial is reversed and the cause is remanded with directions to enter final judgment for defendant below on the verdict, unless a motion in arrest of judgment or for judgment non obstante veredicto shall be made and prevail. See Section 59.04 Florida Statutes, 1941; Section 4615 C.G.L.

Reversed.

WHITFIELD, TERRELL and BUFORD, JJ., concur.

BROWN, C.J., and THOMAS, J., dissent.

CHAPMAN, J., not participating.


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