DORR-OLIVER, INCORPORATED, A FOREIGN CORPORATION, AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLANTS,
v.
ERMA PARNELL, INDIVIDUALLY, APPELLEE; DORR-OLIVER, INCORPORATED, A FOREIGN CORPORATION, AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLANTS, V. ERMA PARNELL, AS ADMINISTRATRIX OF THE ESTATE OF WAYNE M. PARNELL, DECEASED, APPELLEE
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The court affirmed the trial court's order granting a motion for a new trial.
Appellants appealed an order granting a new trial. Appellees cross-appealed, arguing the trial court should have directed a verdict or given a specifi…
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PER CURIAM.
The appellants appeal an order granting a motion for new trial in these consolidated cases to the appellees. Appellees cross-appeal, contending that the trial court erred in not directing a verdict on the question of liability on the part of the appellants and the refusal of the trial court to give one of appellees’ requested instructions on concurring negligence.
The appellants brought this appeal pursuant to the authority of § 59.04, Fla. Stat., which permits an appeal by the party aggrieved of an order granting a new trial without waiting for final judgment to be rendered in the trial court for the party obtaining the verdict. Under these circumstances we are prohibited from considering the cross assignments of error filed by the appellees. Osteen v. Seaboard Coast Line Railroad Company, Fla.App., 1st, 1973, 283 So. 2d 379.
The appellants have failed to show a clear abuse of the trial court’s discretion in granting the motion for a new trial. Cloud v. Fallis, Fla. 1959, 110 So. 2d 669.
Therefore, the order granting the motion for new trial is
AFFIRMED.
HOBSON, Acting C. J., and GRIMES and SCHEB, JJ., concur.
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Winter Haven Hosp. v. Donnie B. Milton, 340 So. 2d 518 (Fla. 2d DCA 1976)…PER CURIAM. The order granting new trial is affirmed. However, the appellee’s cross assignments of error are hereby stricken upon the authority of Dorr-Oliver, Incorporated v. Parnell, 334 So. 2d 629 (Fla. 2d DCA 1976), and Osteen v. Seaboard Coast Line Railroad Company, 283 So. 2d 379 (Fla. 1st DCA 1973). McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.…
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Royal Castle Sys., Inc. v. Fields, 354 So. 2d 947 (Fla. 3d DCA 1978)…ourt as the basis for the order granting new trial. While formerly such additional ground would not be subject for review [see: Osteen v. Seaboard Coast Line Railroad Company, 283 So. 2d 379 (Fla. 1st DCA 1973); Dorr-Oliver, Incorporated v. Parnell, 334 So. 2d 629 (Fla. 2d DCA 1976)] it is now held to be reviewable under Bowen v. Willard, 340 So. 2d 110, 112 (Fla.1976). Accordingly, we have considered said contention of the appellant in the light of the record, briefs, and argument and find it is without meri…
Authorities Cited
- Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)
- Osteen v. Seaboard Coast Line R.R. Co., 283 So. 2d 379 (Fla. 1st DCA 1973)