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655 So. 2d 1215

Frei v. Alger

District Court of Appeal of Florida · decided 1995-05-24

Cited by 3 later decisions — most recently October 2013

3 state decisions

Key passage — most relied on by later courts

“a stronger showing of abuse of discretion is required to overturn an order granting a new trial than is required to overturn an order denying a new trial.”

quoted by 1 later decision, including 777 So. 2d 423 - Loyola v. Ricks

Good law ✅— No negative treatment on recordhow we know

Decided 1995-05-24

View the full empirical analysis of this case →

POLEN, Judge,

¶1dissenting.

¶2I respectfully dissent. Notwithstanding the trial court’s failure to make specific references to the record in granting appellees’ motion for new trial, I believe the trial court was in the best position, having presided over the entire trial, to determine whether the verdict was against the manifest weight of the evidence. The majority recognizes the granting of a new trial is within the discretion of the trial court, and that a greater burden exists to overturn an order granting a new trial, as compared to an order denying a new trial. I would hold that appellants have failed to meet that high burden, and affirm.

/655/so2d/1215 · .json · Public domain