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294 So. 2d 696

Docket No. S-324.

Willard v. Bowen

Harvey WILLARD, Appellant, v. Jack H. BOWEN and Michigan Mutual Liability Company, an Insurance Corporation, Appellees.

District Court of Appeal of Florida

Decided April 30, 1974.

Rehearing Denied June 12, 1974.

District Court of Appeal of Florida · decided 1974-04-30

Cited by 4 later decisions — most recently October 1981

4 state decisions

Key passage — most relied on by later courts

“"The sole question presented for our consideration is whether the trial court's order granting a new trial must state that the jury verdict was against the `manifest weight of the evidence'... . We hold that the ground set forth in the order reviewed herein was... deficient... ." [2]”

quoted by 1 later decision, including 340 So. 2d 110 - Bowen v. Willard

“... For the reasons stated, the order granting new trial is reversed and the cause is remanded with directions to reinstate the verdict and enter judgment thereon.”

quoted by 1 later decision, including 340 So. 2d 110 - Bowen v. Willard

Relies on 110 So. 2d 669 - Cloud v. Fallis · 224 So. 2d 727 - Drowne v. Florida Industrial Commission

Good law ✅— No negative treatment on recordhow we know

Decided 1974-04-30

View the full empirical analysis of this case →

¶1*697 Daniel I. McCranie, of Law Offices of S. Perry Penland, Jacksonville, for appellant.

¶2Herbert R. Kanning, of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, for appellees.

¶3PER CURIAM.

¶4Appellant seeks reversal of an order granting a new trial following the rendition of a jury verdict for the plaintiff in a personal injury action.

¶5The sole question presented for our consideration is whether the trial court's order granting a new trial must state that the jury verdict was against the "manifest weight of the evidence". As held in Cloud v. Fallis, 110 So.2d 669 (Fla. 1959), and like cases, the order for new trial provided in material part that "the preponderance of the evidence and the manifest justice of the case requires the granting of a new trial". That was the express and sole ground for granting a new trial.

¶6In Nunberg v. Brodsky, 224 So.2d 727 (Fla.App. 1969), the court held that where the trial court found that the verdict was not "consistent" with the evidence, such ground was insufficient to justify the granting of a new trial and an order to that effect was reversed. We hold that the ground set forth in the order reviewed herein was similarly deficient in that it fails to conform to the grounds for new trial as recognized by the case decisions referred to above and those cited in Nunberg, supra, at page 729.

¶7For the reasons stated, the order granting new trial is reversed and the cause is remanded with directions to reinstate the verdict and enter judgment thereon.

¶8RAWLS, C.J., and JOHNSON and SPECTOR, JJ., concur.

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