Abuse Of Discretion Standard For New Trial Motions

134 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Romulo Padilla v. BIV Invs. & Mgmt., Inc.
  783 So. 2d 349· Fla. 3d DCA· 2001-05-02 ·cited 3×
  Padilla, a construction manager hired by BIV Investments, was fired after protesting a proposed sale of an office building. After a jury verdict in his favor on a breach of employment contract claim, the trial court granted BIV's motion for a new trial, finding that plaintiff's c
• Lindsey v. Johnson
  415 So. 2d 778· Fla. 1st DCA· 1982-05-28 ·cited 3×
  In this motor vehicle accident case, a jury returned a verdict for the defendants after a trial involving conflicting evidence about speeding and passing in a no-passing zone. The trial court granted the plaintiffs' motion for a new trial, but the appellate court reversed, findin
• Orange Cnty. v. Jagger S. Ferguson
  290 So. 3d 1031· Fla. 5th DCA· 2020-01-31 ·cited 2×
  A trial court errs in granting a directed verdict when the jury could properly conclude that negligence was not a legal cause of the plaintiff's damages, and errs in granting a new trial based on unpreserved attorney misconduct without first applying the Murphy fundamental error
• Philip Morris USA Inc. v. Micah Danielson
  224 So. 3d 291· Fla. 1st DCA· 2017-07-24 ·cited 2×
  Philip Morris USA appeals an order granting a new trial on non-economic and punitive damages in a wrongful death case stemming from an Engle tobacco litigation. The court affirmed the new trial on non-economic damages but reversed the new trial on punitive damages, holding that c
• Sears Roebuck & Co. v. Williams
  877 So. 2d 5· Fla. 3d DCA· 2004-03-31 ·cited 2×
  When the record reflects that different inferences can be made as to an agency relationship, summary judgment on vicarious liability is improper and the question must go to a jury.
• Nor-Tech Powerboats, Inc. v. H.P.B.C.
  855 So. 2d 103· Fla. 2d DCA· 2003-07-02 ·cited 2×
  Nor-Tech Powerboats appealed a trial court's decision to grant a new trial to the Manufacturer defendants after a jury verdict for the Dealer. The appellate court reversed, holding that the Dealer's consistent pleading and proof of breach of an oral agreement did not constitute a
• Dorrett Angela Atkins v. Hansel
  668 So. 2d 663· Fla. 3d DCA· 1996-02-21 ·cited 2×
  The appellate court reversed the trial court's order granting a new trial, holding that credibility determinations and damage awards are jury questions and the trial court abused its discretion in setting aside a verdict without showing it was against the manifest weight of the e
• Johnson v. Cowell Steel Structures, Inc.
  991 F.2d 474· 8th Cir.· 1993-04-16 ·cited 2×
  The court held that the jury's compensatory damage award was within the range of evidence and not shockingly inadequate, and that the evidence did not support a claim for punitive damages.
• Phillips Buick-Pontiac-Gmc, Inc. v. Dallon
  602 So. 2d 594· Fla. 5th DCA· 1992-06-19 ·cited 2×
  The trial court erred in granting a new trial because the evidence did not warrant a res ipsa loquitur jury instruction.
• Sparks v. Shelter Life Ins. Co.
  838 F.2d 987· 8th Cir.· 1988-02-08 ·cited 2×
  The court held that under Arkansas law, a conditional insurance receipt provided coverage as of the application date because the conditions were met or waived by the agent's apparent authority, and the denial of a new trial was not an abuse of discretion.
• Morrison v. Intercounty Constr. Corp.
  368 So. 2d 104· Fla. 4th DCA· 1979-03-07 ·cited 2×
  In this personal injury appeal, the plaintiff challenges a jury verdict finding him 75% negligent and awarding $17,000 in damages, while his wife received zero damages on her loss of consortium claim. The appellate court affirmed the verdict, holding that both the negligence perc
• B. W. Butler, Inc. v. Byran Anderman
  279 So. 2d 907· Fla. 4th DCA· 1973-06-29 ·cited 2×
• Lowe v. Shearer
  239 So. 2d 86· Fla. 4th DCA· 1970-07-24 ·cited 2×
  A pedestrian injured in an automobile accident sued the drivers and owners of two vehicles involved in the collision. The trial court granted new trials to both the plaintiff (against the Lowe defendants) and the defendants (the Ingrams), finding the jury verdict against manifest
• Carter v. United States
  379 F.2d 147· D.C. Cir.· 1967-03-02 ·cited 2×
  The court held that the admission of parts of an in-custody statement for impeachment and prior convictions for credibility, when considered with the entire record, did not warrant reversal.
• Jones v. Jones
  250 F.2d 454· 9th Cir.· 1957-12-17 ·cited 2×
  The court held that the evidence supported the trial court's finding that the father made an oral promise to convey the land to the son, and that the son made substantial improvements in reliance on that promise.
• Loren v. Once Upon a Time Grp.
  415 So. 3d 222· Fla. 4th DCA· 2025-07-09 ·cited 1×
  The plaintiff presented sufficient evidence to survive a directed verdict by establishing that the restaurant had constructive knowledge of a recurring, foreseeable condensation problem near the patio entrance where she fell. The trial court did not abuse its discretion in granti
• Lacene Orvis v. Caulkins Indiantown Citrus Co.
  861 So. 2d 1181· Fla. 4th DCA· 2003-11-26 ·cited 1×
  Lacene Orvis, a terminated employee of Caulkins Indiantown Citrus Co., appealed a jury verdict against her Florida Private Whistleblowers' Protection Act claim. The Fourth District reversed and remanded for a new trial, finding that defense counsel violated a pretrial order in li
• Gonzalez v. State
  745 So. 2d 542· Fla. 4th DCA· 1999-12-08 ·cited 1×
  Milton Gonzalez appeals his conviction for sexual battery on a person 12 years or older committed by multiple perpetrators. The appellate court affirms the conviction and sentence, finding both of Gonzalez's appellate arguments without merit.
• Conklin Shows, Inc. v. Llanes
  733 So. 2d 595· Fla. 3d DCA· 1999-06-09 ·cited 1×
• Mariluz Rosario v. Anthanasios Livaditis
  963 F.2d 1013· 7th Cir.· 1992-05-13 ·cited 1×
  The court held that the jury's verdict of zero damages for RICO violations, despite finding liability, was contrary to law, and the trial court abused its discretion in denying a new trial on damages for those counts. The court affirmed class certification, discovery rulings, and
• Schlesser v. Levinson
  406 So. 2d 1265· Fla. 4th DCA· 1981-12-09 ·cited 1×
  Appellants challenged a jury verdict awarding $2,500 damages in a malicious prosecution suit brought by Appellee after Appellee was initially convicted, then acquitted, of assault charges. The Fourth District affirmed the judgment, rejecting arguments that improper evidence influ
• Ecio Rodrigues v. Anderson
  Fla. 5th DCA· 2025-08-22
  Defense counsel's references to the defendant by name and title, and mention of the defendant's admission of negligence, do not violate Hollenbeck v. Hooks absent a misleading statement implying that damages would be paid solely by the individual defendant. A verdict is not again
• Corzo v. Montero
  Fla. 3d DCA· 2025-01-08
  A trial court abuses its discretion in granting a new trial when the reasons stated in its order are not supported by the trial record. Here, the trial court's finding that evidence of permanent injury was undisputed was contradicted by conflicting expert testimony, and the jury
• Choy v. Faraldo
  120 So. 3d 92· Fla. 4th DCA· 2013-08-07
  The court held that the trial court did not abuse its discretion in granting a new trial on damages due to an inflammatory closing argument, but erred in granting a new trial on liability as the argument was unrelated to that issue.
• Casines v. State Farm Fla. Ins. Co.
  79 So. 3d 113· Fla. 3d DCA· 2012-01-18
• Capstick v. Allstate Ins. Co.
  998 F.2d 810· 10th Cir.· 1993-07-07
  The court held that the insurer's motion to dismiss the appeal was untimely because the motion for prejudgment interest tolled the time for filing the notice of appeal, and that the jury's award of compensatory and punitive damages for bad faith was supported by sufficient eviden
• United States v. Freeman
  942 F.2d 480· 8th Cir.· 1991-08-12
  The court held that the decision in United States v. Streeter, which mandated the use of actual weight for sentencing purposes, did not constitute newly discovered evidence or new law applicable to the admissibility of evidence at trial for convictions.
• Pioneer Int'l Hotel v. First Colony Life Ins. Co.
  527 F.2d 200· 9th Cir.· 1975-12-09
  The court held that the evidence presented was such that no reasonable conclusion other than suicide could be drawn, and the denial of the motion for a new trial was proper.
• State v. Bowle
  318 So. 2d 407· Fla. 4th DCA· 1975-08-29
  Florida appellate court reversed a trial court's grant of a new trial in a grand larceny case, holding that the trial judge abused discretion by substituting his judgment for the jury's on sufficiency of evidence and intent.
• Montenegro v. Rainwater
  314 So. 2d 191· Fla. 3d DCA· 1975-06-17
  Montenegro appeals a trial court order granting a new trial after a jury verdict awarded him damages for personal injuries from an automobile accident. The appellate court affirmed the new trial order, finding no clear abuse of discretion by the trial judge.
• Krodel v. Houghtaling
  468 F.2d 887· 4th Cir.· 1972-10-26
  The court held that the district court did not err in denying the plaintiff's motions for a jury trial, continuance, and new trial, nor in dismissing the action for lack of prosecution.
• Jonaitis v. Gen. Motors Acceptance Corp.
  374 F.2d 867· 7th Cir.· 1967-02-16
  The court held that the jury's verdict for the defendant was supported by the evidence and that the trial court did not abuse its discretion in denying a new trial.
• Atl. Coast Line R.R. Co. v. Jeffords
  169 So. 2d 840· Fla. 3d DCA· 1964-12-01
  A railroad employee sued under the Federal Employers' Liability Act for injuries caused by the defendant's negligent failure to provide a safe workplace. The jury awarded $65,000, and the railroad appealed, challenging the exclusion of certain evidence and claiming the verdict wa
• Fla. E. Coast Ry. Co. v. Pierce
  142 So. 2d 121· Fla. 3d DCA· 1962-06-12
  This case involves an appeal by the Florida East Coast Railway Company after a trial court granted a new trial in a Federal Employers' Liability Act (FELA) case. The appellate court affirmed the order for a new trial, finding no abuse of discretion by the trial judge.