LOIS A. HARTLEY, APPELLANT,
v.
DON ALAN FLORA, APPELLEE

Fla. 4th DCA | 2005-10-05
No. 4D04-1923
GUNTHER and FARMER, JJ„ concur.
911 So. 2d 1277 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 2 cases
Topics
Manifest Weight Of The Evidence Prejudicial Effect Relevance Of Evidence Comparative Negligence

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Opinion of the Court
TAYLOR, J.

[*1278] TAYLOR, J.

In this personal injury action for damages arising from an automobile accident, the jury found that the plaintiff was 90% negligent and that the defendant was only 10% negligent. The trial court granted the plaintiffs motion for a new trial on the ground that the verdict was against the manifest weight of the evidence. We affirm. See Brown v. Estate of Stuckey, 749 So. 2d 490, 497 (Fla.1999) (holding that the trial court “can and should grant a new trial if the manifest weight of the evidence is contrary to the verdict.”).

We conclude that the trial court erred in admitting evidence of modifications the plaintiff made to his vehicle several months prior to the accident, as this evidence was irrelevant and prejudicial. Thus, we direct that on re-trial of this cause the trial court exclude this evidence.

Affirmed.

GUNTHER and FARMER, JJ„ concur.

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  • Abedelkader Dawudi v. State, 929 So. 2d 1188 (Fla. 4th DCA 2006)
    …without prejudice to refile when jurisdiction returns to the court. Cazeau v. State, 858 So. 2d 1213 (Fla. 4th DCA 2003). However, the “better practice ... is to stay proceedings on the motion until resolution of the pending appeal.” Owens v. State, 911 So. 2d 1277, 1277 (Fla. 4th DCA 2005). Claims one, two and three are affirmed. We also affirm the denial of claim four without prejudice to refile a legally sufficient claim alleging on what date the defendant discovered counsel’s affirmative misadvice. Miralle…
  • Paul v. State, 141 So. 3d 589 (Fla. 4th DCA 2014)
    …4 CF10B and 10-20584 CF10A, as the lower court did not have jurisdiction to rule on the motions while appellant’s direct appeal was pending in this court in case number 4D12-4476. Dawudi v. State, 929 So. 2d 1188 (Fla. 4th DCA 2006); Owens v. State, 911 So. 2d 1277 (Fla. 4th DCA 2005); Perez v. State, 834 So. 2d 882 (Fla. 4th DCA 2002) (en banc). That appeal remains pending. We remand with directions to the lower court to stay proceedings on these motions until the pending direct appeal is resolved. Vacate…

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