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119 Fla. 232

161 So 66

McCain v. Talley

Supreme Court of Florida

Decided May 2, 1935

Supreme Court of Florida · decided 1935-05-02

Cited by 2 later decisions — most recently October 1936

2 state decisions

Key passage — most relied on by later courts

““This Court has repeatedly held that on writ of error taken under the statute to an order granting a new trial in a common law action the only question before the Court is the propriety of the order granting the new trial. Miami Transit Company v. Mowrey, 103 Fla. 840 , 138 So. 481 ; Phillips v. Garrett, 109 Fla. 435 , 147 So. 857 ; Cheney v. Roberts, 77 Fla. 324 , 81 Sou. 475 ; Carney v. Stringfellow, 73 Fla. 700 , 74 So. 866 ; Beverly v. Hardaway, 66 Fla. 177 , 63 Sou. 702 .””

quoted by 1 later decision, including F. & R. Corp. v. Campbell

Relies on Carney v. Stringfellow · Cheney v. Roberts · Miami Transit Co. v. Mowrey

Good law ✅— No negative treatment on recordhow we know

Decided 1935-05-02

View the full empirical analysis of this case →

Per Curiam.

¶1 This writ of error is directed to an order granting a motion for a new trial. Numerous questions are argued in the briefs. The motion for new trial was bottomed on eight grounds. It does' not appear which ground the court below thought warranted his order.

¶2*233 This Court has repeatedly held that on writ of error taken under the statute to an order granting a new trial in a common law action the only question before the Court is the propriety of the order granting the new trial. Miami Transit Company v. Mowrey, 103 Fla. 840, 138 So. 481; Phillips v. Garrett, 109 Fla. 435, 147 So. 857; Cheney v. Roberts, 77 Fla. 324, 81 So. 475; Carney v. Stringfellow, 73 Fla. 700, 74 So. 866; Beverly v. Hardaway, 66 Fla. 177, 63 So. 702.

¶3 From a careful examination of the record we are not convinced that the court below abused his discretion in granting the new trial so his judgment is hereby affirmed.

¶4 Affirmed.

Ellis, P. J., and Terrell and Buford, J. J., concur. Whitfield, C. J., and Davis, J., concur in the opinion and judgment.
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