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267 So. 2d 853

Cruz v. Beckham

District Court of Appeal of Florida

Decided October 17, 1972

District Court of Appeal of Florida · decided 1972-10-17

Relies on 251 So. 2d 895 - Vinder, Inc. v. Manson · 257 So. 2d 86 - Latin American Benefit Center, Inc. v. Johstoneaux · 219 So. 2d 69 - Carroll v. Allen

Good law ✅— No negative treatment on recordhow we know

Decided 1972-10-17

How this case has been cited

Cited by 34 later decisions — most recently July 2015 · most notably Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.) (2000), 603 So. 2d 330 - Warwick v. Matheney (1992)

3 federal appellate · 25 state decisions

9019721980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1By this proceeding, the appellant [who was the defendant in the trial court] seeks review of an order granting the appellee [the plaintiff in the trial court] a new trial.

¶2Subsequent to a jury verdict in favor of the defendant in the trial court proceeding, apparently a motion for new trial with attachments was presented to the trial judge who entered the order under review, finding that the plaintiff “did not receive a fair trial”. We are called upon to review the propriety of this order without the benefit of the motion for new trial, affidavit and other matters recited by the trial judge to have been presented to him at the time he made the ruling. We therefore do not have a sufficient record to determine on what the trial judge based his order granting a new trial and, therefore, we are required to affirm same. Carroll v. Allen, Fla.App.1969, 219 So.2d 69; Royal Flair, Inc. v. Cape Coral Bank, Fla.App.1971, 251 So.2d 895; Latin American Benefit Center, Inc. v. Johstoneaux, Fla.App.1972, 257 So. 2d 86.

¶3Affirmed.

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