HALE MANUFACTURING COMPANY AND EMPLOYERS CASUALTY COMPANY, APPELLANTS,
v.
KATHLEEN G. BAUDO, HARTFORD ACCIDENT & INDEMNITY COMPANY AND STEVEN B. STRATTON, APPELLEES
Explore caselaw by topic → Browse New Trial On Liability cases and more on FLexlaw
PER CURIAM.
This is an appeal from an order granting the plaintiff-appellee, Kathleen G. Baudo, a new trial as to the defendant-appellant, Hale Manufacturing Company, on the issues of liability and damages. We remanded 371 So. 2d 1042 the cause to the trial court for the entry of an order setting out the reasons for granting a new trial and the trial court entered a detailed order in compliance therewith. Upon review we find no error in the granting of a new trial on liability. Weems v. Dawson, 352 So. 2d 1196 (Fla. 4th DCA 1977). However, the trial court gave no reasons for granting a new trial on the issue of damages and we can find no basis in the record for setting aside the jury’s determination of plaintiff-appel-lee’s damages in the first trial. Accordingly, the order granting a new trial is affirmed in part and reversed in part with directions for further proceedings consistent with this opinion.
ANSTEAD and LETTS, JJ., and JOHNSON, TOM, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Davis v. State, 461 So. 2d 1361 (Fla. 2d DCA 1985)…arbitrary. In support of this argument, he cites cases in which the Florida Supreme Court has held that a policeman may not stop and question a person on a bare suspicion of illegal activity. Mullins v. State, 366 So. 2d 1162 (Fla.1978), on remand, 371 So. 2d 1113 (Fla. 3d DCA), cert. denied, 444 U.S. 883, 100 S.Ct. 173, 62 L.Ed.2d 113 (1979) (defendant was riding a bicycle slowly through a residential area in the very early morning hours); Wilson v. State, 433 So. 2d 1301 (Fla. 2d DCA 1983) (defendant was in…
-
Graham v. State, 495 So. 2d 852 (Fla. 4th DCA 1986)…cient reasonable suspicion that a crime had been, or was about to be, committed. See Kearse v. State, 384 So. 2d 272 (Fla. 4th DCA 1980); State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978); Mullins v. State, 366 So. 2d 1162 (Fla.1978), on remand, 371 So. 2d 1113 (Fla. 3d DCA), cert. denied, 444 U.S. 883, 100 S.Ct. 173, 62 L.Ed.2d 113 (1979). See also Levin v. State, 449 So. 2d 288 (Fla. 3d DCA 1983), approved, 452 So. 2d 562 (Fla.1984). However, not every “encounter” initiated by the police is a stop nor d…
-
Kikis v. Ford Motor Co., 386 So. 2d 306 (Fla. 5th DCA 1980)…nue Mobile Homes, Inc. v. Bobenhausen, 363 So. 2d 1065 (Fla. 1978); Wackenhut Corp. v. Canty, 359 So. 2d 430, 435 (Fla. 1978); Cloud v. Fallis, 110 So. 2d 669 (Fla. [*307] 1959); Hale Manufacturing Co. v. Baudo, 371 So. 2d 1042, appeal after remand, 371 So. 2d 1113 (Fla. 4th DCA 1979). . In its order, the trial court provided that “should the foregoing Final Judgment be reversed by the Appellate Court, the defendant’s Motion for New Trial ... is granted…
Authorities Cited
- Wade S. Weems, M.D. v. Dawson, 352 So. 2d 1196 (Fla. 4th DCA 1977)
- Hale Mfg. Co. & Emp'rs Cas. Co. v. Baudo, 370 So. 2d 1167 (Fla. 4th DCA 1979)