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385 So. 2d 1

Seaman v. Zank

District Court of Appeal of Florida · decided 1980-05-21

Relies on Mills v. Ball · 384 So. 2d 145 - Baptist Memorial Hospital, Inc. v. Bell · 352 So. 2d 1196 - Weems v. Dawson

Decided 1980-05-21

MOORE, Judge.

¶1This cause is affirmed. See Baptist Memorial Hospital, Inc. v. Bell, 384 So.2d 145 (Fla.1980); Weems v. Dawson, 352 So.2d 1196 (Fla. 4th DCA 1977), cert. denied, 359 So.2d 1221 (Fla.1978). Although we would prefer a more definitive rule, we cannot say that reasonable men would not differ as to the action taken by the trial judge in granting a motion for new trial. Therefore, the appellant has failed to demonstrate an abuse of discretion.

¶2AFFIRMED.

LETTS, C. J., and SPENCER C. CROSS, Associate Judge, concur.
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