HERBERT ADLER ET AL., APPELLANTS,

v.

SAMUEL SKLIAR, AS TRUSTEE, AND GILBERT SENS, APPELLEES

Citator

Cited By

• State v. Prieto, 439 So. 2d 288 (Fla. 3d DCA 1983)
  …new trial than is required to overturn an order denying a new trial. Castlewood International Corp. v. LaFleur, 322 So. 2d 520 (Fla.1975). This court’s standard of review is to determine whether the lower court abused its discretion. State v. Bowie, 318 So. 2d 407 (Fla. 4th DCA 1975); State v. Riggins, 314 So. 2d 238 (Fla. 4th DCA 1975), cert. denied, 333 So. 2d 464 (Fla. 1976). Finding that it did, we reverse. The first basis upon which the judge granted a new trial was that he had erroneously denied the de…
• Henri Uprevert v. State, 507 So. 2d 162 (Fla. 3d DCA 1987)
  …motion for new trial, the trial court declared: "[T]he record contains sufficient evidence to support the verdict of the jury. A trial judge is not permitted to sit as a seventh juror, pitting his judgment against that of the jury. State v. Bowle, 318 So. 2d 407 (Fla. 4th DCA (1975).” (emphasis supplied). The notion that the trial judge is not permitted to consider the weight of the evidence has been wrong since at least 1967 when Florida Rule of Criminal Procedure 3.600 was adopted. McArthur v. Nourse, 36…
• Otto Hellman v. State, 492 So. 2d 1368 (Fla. 4th DCA 1986)
  …not reweigh the evidence. Tibbs v. State, 397 So. 2d 1120 (Fla.1981). When there is a sufficiency of evidence to support a jury verdict, it is an abuse of discretion for the trial court to grant the defendant’s motion for new trial. State v. Bowle, 318 So. 2d 407 (Fla. 4th DCA 1975). The appellate court’s function is not to reweigh the evidence, but only to ensure its legal sufficiency. Burr v. State, 466 So. 2d 1051, 1053 (Fla.1985). “[A] new trial will not be granted on the ground that the verdict is contr…

Authorities Cited

• P. E. M. v. State, 318 So. 2d 448 (Fla. 3d DCA 1975)
• Altein v. Slavia, Inc., 318 So. 2d 448 (Fla. 3d DCA 1975)