Order Granting New Trial

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

• Hart v. Held
  149 Fla. 33· Fla.· 1941-12-12 ·cited 76×
  In this automobile negligence case, the Florida Supreme Court reversed a trial court's order granting a new trial to defendant Pearl Held. The court held that when substantial competent evidence supports a jury verdict, a trial court lacks authority to set it aside based solely o
• Leonetti v. Boone
  74 So. 2d 551· Fla.· 1954-08-31 ·cited 71×
  The Florida Supreme Court affirmed an order granting a new trial in a negligence action, holding that a trial court erred by instructing the jury that a defendant owner must prove by a preponderance of the evidence that a driver operated the vehicle without consent. The court cla
• Exposito v. State
  891 So. 2d 525· Fla.· 2004-12-23 ·cited 61×
  The Florida Supreme Court held that section 924.07, Florida Statutes, does not authorize a State appeal from a post-trial order reducing a charge pursuant to Florida Rule of Criminal Procedure 3.620. The Court resolved a conflict between the Third and Fourth District Courts of Ap
• Bowen v. Willard
  340 So. 2d 110· Fla.· 1976-11-30 ·cited 53×
  The Florida Supreme Court addressed the scope of appellate review when an appeal is taken from an order granting a new trial under Section 59.04. The Court held that appellate courts may now consider all appealable issues in a unified appeal from new trial orders, overruling prio
• E.R. Squibb & Sons, Inc. v. Boyd B. Farnes
  697 So. 2d 825· Fla.· 1997-06-19 ·cited 44×
  The Florida Supreme Court reversed a District Court decision that had overturned a jury verdict in a vaccine injury case, holding that a trial court may grant a new trial when the manifest weight of evidence supports such action under an abuse of discretion standard. The Court fo
• Home Depot U.S.A. Co., Inc. v. Taylor
  676 So. 2d 479· Fla. 5th DCA· 1996-06-14 ·cited 44×
  Home Depot appealed an order granting a new trial on damages and directing a verdict on comparative negligence in a personal injury case. The court affirmed the new trial but reversed the directed verdict on liability, requiring a new trial on both liability and damages because t
• Wise v. Jacksonville GAS Corp.
  97 So. 2d 704· Fla. 1st DCA· 1957-11-05 ·cited 40×
  Ruby Wise sued Jacksonville Gas Corporation for injuries from carbon monoxide gas exposure caused by the company's negligent maintenance of a water heater. A jury awarded her $15,000 in damages, but the trial court granted the gas company's motion for a new trial on damages while
• City OF Hollywood v. Jarkesy
  343 So. 2d 886· Fla. 4th DCA· 1977-02-18 ·cited 39×
  The City of Hollywood appealed a trial court's order granting a new trial in an eminent domain proceeding, challenging the court's determination that the jury's verdict on severance damages was inadequate. The Fourth District Court of Appeal reversed, finding the trial court acte
• Owens Corning Fiberglas Corp. v. Morse
  653 So. 2d 409· Fla. 3d DCA· 1995-03-15 ·cited 37×
  Owens Corning and W.R. Grace appealed from a trial court's order granting a new trial to asbestos injury plaintiffs, based on inflammatory closing argument comments by Grace's counsel attacking the plaintiffs' attorneys' integrity. The appellate court affirmed, holding that the c
• Fulton v. Poston Bridge & Iron, Inc.
  122 So. 2d 240· Fla. 3d DCA· 1960-07-21 ·cited 37×
  A trial court's order granting a new trial is ineffective if it fails to state the grounds, and a subsequent attempt to amend the order after an appeal has been filed is too late.
• State v. Burnette
  881 So. 2d 693· Fla. 1st DCA· 2004-08-30 ·cited 36×
  The State appeals a trial court's order setting aside a jury guilty verdict and granting a new trial based on a technical discrepancy between the caption and body of the charging information. The appellate court reversed, holding that the defect was waived by the defendant's fail
• Phillips v. Garrett
  109 Fla. 435· Fla.· 1933-04-17 ·cited 26×
  Dr. Phillips obtained a jury verdict for $900 against George Garrett for unpaid rent under a lease, but the trial court set aside the verdict and granted a new trial. The Florida Supreme Court affirmed the new trial order, finding that the trial court properly exercised its discr
• Allen v. Lewis
  38 Fla. 115· Fla.· 1896-06-01 ·cited 24×
  The Florida Supreme Court addressed procedural defects in bills of exceptions and the record on a writ of error from an order granting a new trial. The court clarified the requirements for separate evidentiary bills and ordinary bills of exceptions, and the proper content and for
• Citizens Nat'l Bank of Lubbock v. John E. Speer in Bankruptcy of C. M. Henderson Bankrupt
  220 F.2d 889· 5th Cir.· 1955-03-30 ·cited 22×
  An order granting a new trial is not appealable unless it is void. The order here was not void because it was based on grounds presented in the trustee's motion for a new trial.
• Jarrell v. Huffman
  341 So. 2d 268· Fla. 2d DCA· 1977-01-05 ·cited 21×
  Plaintiffs appealed after a trial judge sua sponte set aside his own order granting a new trial and reinstated the jury's verdict for defendants. The court held that an order granting a new trial confers a substantive right and is not subject to modification by the judge, even su
• Hillsboro Plantation v. Plunkett
  55 So.2d 534· Fla.· 1951-12-14 ·cited 21×
  The Florida Supreme Court considered whether a judgment in favor of one defendant, when a codefendant's case was still pending after a new trial was granted, constituted a final, appealable judgment. The court held that it was final and appealable, denying a motion to dismiss the
• Connor v. Elliott
  59 Fla. 227· Fla.· 1910-01-01 ·cited 19×
  The Florida Supreme Court affirmed an order granting a new trial in an ejectment action, holding that the trial court properly granted the motion because no reply was made to the plaintiff's replication to the defendant's plea, leaving a material issue of fact unresolved.
• State Farm Mut. Auto. Ins. Co. v. Miller
  688 So. 2d 935· Fla. 4th DCA· 1996-11-20 ·cited 18×
  A motion for rehearing from an order denying a motion for new trial is not authorized by appellate rules, and a trial court lacks authority to reconsider such an order through a rehearing motion.
• Ponte v. Lattin
  135 So. 2d 260· Fla. 3d DCA· 1961-12-04 ·cited 18×
  The appellate court reversed an order granting a new trial because the trial judge failed to specify the grounds for the new trial, as required by Florida statute and rule. The case was remanded with directions to enter judgment on the jury's verdict.
• Sears Roebuck & Co. & Chris Picardi & Kent Spires v. Polchinski
  636 So. 2d 1369· Fla. 4th DCA· 1994-05-11 ·cited 15×
  Sears appeals an order granting a new trial based on improper ex parte communications between the court (via bailiff) and the jury during deliberations. The appellate court affirms, holding that unrecorded ex parte jury communications in civil cases create a presumption of prejud
• State v. Paille
  601 So. 2d 1321· Fla. 2d DCA· 1992-07-10 ·cited 14×
  The State appeals a trial court's order granting a new trial in a sexual battery case involving a minor victim. The appellate court reverses, holding that evidence of uncharged similar acts was properly admitted under Florida law and was harmless error in any case, and that the t
• Gibson v. Troxel
  453 So. 2d 1160· Fla. 4th DCA· 1984-07-18 ·cited 14×
  The court held that any error in the jury instructions regarding product defect was harmless, the evidentiary rulings were within the district court's discretion, and prejudgment interest was not warranted.
• Lafayette Fire Ins. Co. v. Lenora Davis Camnitz
  111 Fla. 556· Fla.· 1933-07-27 ·cited 13×
  Lafayette Fire Insurance Co. appealed a fire insurance total loss claim where the jury found damages of $2,500, and the Civil Court of Record granted defendant a new trial. The circuit court reversed the new trial order, but the Supreme Court of Florida found the circuit court's
• Barley v. Paletti
  904 So. 2d 432· Fla. 1st DCA· 2005-02-23 ·cited 12×
  The court reversed a defense verdict in a wrongful death action, holding that the trial court erred in refusing to instruct the jury on statutes and regulations potentially violated by the assisted living facility.
• Osteen v. Seaboard Coast Line R.R. Co.
  283 So. 2d 379· Fla. 1st DCA· 1973-10-04 ·cited 12×
  The court held that an appellee cannot file cross-assignments of error in an interlocutory appeal from an order granting a new trial, even though the statute prohibiting such cross-assignments was repealed in 1971. The court determined that the underlying policy reasons for the r
• Morton v. Elmo Staples
  141 So. 2d 806· Fla. 1st DCA· 1962-05-31 ·cited 12×
  The court reversed an order granting a new trial because the trial judge failed to specify the grounds for the new trial as required by Florida statute and court rules. The court held that such procedural defects are fatal to the validity of the order and reinstated the plaintiff
• Kanatser v. Chrysler Corp.
  195 F.2d 104· 10th Cir.· 1952-02-27 ·cited 12×
  An order granting a new trial is not a final decision and therefore not immediately appealable.
• Motor Transit Co. v. Studstill
  129 Fla. 769· Fla.· 1937-11-02 ·cited 12×
  In this negligence case, Mrs. Studstill was injured when a street car suddenly moved forward while she stood on its front platform awaiting departure. The jury verdict favored the defendant Motor Transit Company, but the trial court granted a new trial. The Florida Supreme Court
• Suttles v. Phoebe N. Burbridge
  91 Fla. 273· Fla.· 1926-02-11 ·cited 12×
  In this writ of error from a Circuit Court order granting a new trial, the Florida Supreme Court affirmed the lower court's decision, finding no error in the grant of a new trial to the plaintiff Suttles.
• Janice L. Vucinich, M.D. v. Ross
  893 So. 2d 690· Fla. 5th DCA· 2005-02-18 ·cited 11×
  Dr. Vucinich, a radiologist sued for misinterpreting a chest x-ray, appeals a new trial order granted because her defense counsel's closing argument improperly referenced a settled co-defendant's absence from trial, thereby hinting at settlement in violation of Florida law and pr
• Carlie Johnson and John E. Johnson v. City OF Pensacola
  164 So. 2d 844· Fla. 1st DCA· 1964-06-04 ·cited 11×
  A cross-appeal from a final judgment on liability is improper when the trial court has vacated that judgment and granted a new trial on damages only.
• Bopp v. City of Miami
  114 Fla. 262· Fla.· 1934-03-09 ·cited 11×
  The Florida Supreme Court quashed a cross writ of error, holding that such a writ is not maintainable in advance of a final judgment when the original writ of error is directed to an order granting a new trial.
• Springfield Life Ins. Co. v. Edwards
  375 So. 2d 1120· Fla. 3d DCA· 1979-10-02 ·cited 10×
  Springfield Life Insurance Company appeals a trial court's order granting a new trial after a jury verdict in its favor in a disability insurance benefits case. The court reverses, holding that the trial judge abused his discretion in setting aside the jury verdict because the st
• Millar Elevator Serv. Co. v. McGOWAN
  804 So. 2d 1271· Fla. 2d DCA· 2002-01-25 ·cited 9×
  In this prohibition proceeding, the Florida District Court of Appeal held that all plaintiffs in consolidated cases are automatic appellees in an appeal of an order granting a new trial, regardless of whether they are specifically named in the notice of appeal. The court prohibit
• Roth v. Calvert Fire Ins. Co.
  119 So. 2d 49· Fla. 3d DCA· 1960-03-10 ·cited 8×
  Margaret and Peter Roth appealed from an order granting a new trial in their property damage insurance claim against Calvert Fire Insurance Company. The court affirmed the trial judge's decision to grant a new trial because the jury's verdict was unresponsive to the court's instr
• G. Lloyd Preacher & Co. v. Sarasota Bay Hotel Co.
  112 Fla. 432· Fla.· 1933-10-20 ·cited 8×
  The Florida Supreme Court affirmed an order granting a new trial, holding that if any ground in a motion for a new trial is sufficient, the order will be upheld, even if the trial judge doesn't specify the grounds.
• Rowland Hill v. Am. Med. Affiliates, Inc.
  387 So. 2d 1056· Fla. 2d DCA· 1980-09-17 ·cited 7×
  A party cannot appeal an order granting a new trial to seek review of prior adverse rulings unless they claim error in granting the new trial itself.
• Huffman v. Heagy
  159 So. 2d 907· Fla. 3d DCA· 1964-01-07 ·cited 7×
  This case involves an appeal from an order granting a new trial in a personal injury action. The appellate court affirmed the trial court's decision, finding that the presence of a newspaper with potentially prejudicial content in the jury room warranted a new trial.
• Liberty Mut. Ins. Co. v. Wolfson
  773 So. 2d 1272· Fla. 4th DCA· 2000-12-27 ·cited 6×
  An insured sued his uninsured motorist carrier for coverage of injuries sustained when struck by an unidentified motorist. A jury returned a verdict for the insurer, but the trial court granted a new trial. On appeal, the court affirmed, holding that the trial court erred in comp
• State v. Levon Goldwire
  762 So. 2d 996· Fla. 5th DCA· 2000-06-30 ·cited 6×
  The State appeals a trial court's grant of a new trial based on a juror's post-verdict complaint that the label on a videotape (reading "video attempted murder suspect") influenced her verdict. The appellate court reverses, holding that the trial court abused its discretion by co
• Glimmert Beckham v. State
  397 So. 2d 449· Fla. 3d DCA· 1981-04-28 ·cited 4×
  Beckham sought discharge under Florida's speedy trial rule after a federal habeas corpus court ordered either reinstatement of his original guilty plea or a new trial. The appellate court affirmed the trial court's denial of discharge, holding that habeas corpus proceedings remov
• Webb's City, Inc. v. Lugerner
  138 So. 2d 531· Fla. 2d DCA· 1962-03-09 ·cited 4×
  The appellate court reversed an order granting a new trial because the lower court failed to specify the grounds for granting the motion, as required by Florida statute and rule. The case was remanded with directions to enter judgment on the jury's verdict.
• State v. Smith
  206 So. 3d 92· Fla. 3d DCA· 2016-11-02 ·cited 2×
  The State appeals a trial court's order granting a new trial after a jury verdict was rendered and discharged. The Third District Court of Appeal held that the trial court did not abuse its discretion in granting the new trial, and affirmed the order while providing guidance on v
• Carnival Corp. v. Amato
  840 So. 2d 1088· Fla. 3d DCA· 2003-02-05 ·cited 2×
  Carnival Corporation appeals the denial of its motion to strike Amato's pleadings and its failure to obtain a directed verdict, and alternatively seeks a new trial following a jury verdict for Amato's fall on a cruise ship. The appellate court reverses the trial court's grant of
• AMENDMENT TO THE FLA. RULES OF APP. PROCEDURE (RULE 9.142)
  837 So. 2d 911· Fla.· 2002-10-31 ·cited 1×
  The Florida Supreme Court adopted a new appellate rule, Rule 9.142, to establish unified procedures governing review of death penalty cases, consolidating direct appeal procedures and creating a new mechanism for reviewing nonfinal orders in death penalty postconviction proceedin
• State v. Ferrey
  35 So. 3d 177· Fla. 3d DCA· 2010-06-02
  The State appeals a trial court's grant of a new trial in a burglary and attempted sexual battery case. The court found that repeated references to a non-testifying witness named Carlos, combined with inferential hearsay about his out-of-court statements, violated the defendant's
• Medlin v. Dep't OF Env't Reg.
  616 So. 2d 636· Fla. 5th DCA· 1993-04-23
• State v. Williams
  444 So. 2d 434· Fla. 3d DCA· 1983-12-13
  The Florida Third District Court of Appeal held that a criminal defendant may cross-appeal from an order denying a motion for new trial on some grounds where the State has appealed the grant of a new trial based on other grounds, and may additionally challenge the denial of a mot
• State v. Tresvant
  359 So. 2d 524· Fla. 3d DCA· 1978-05-23
  The State appealed from an order granting a new trial to a defendant convicted of conspiracy, bribery, and unauthorized compensation for official behavior. The appellate court reversed, finding that the trial court abused its discretion in granting a new trial based on two incide
• State v. Kelsey Bethel
  268 So. 2d 557· Fla. 3d DCA· 1972-11-07
  Florida appeals a trial court's grant of a new trial based on a belated challenge to the jury panel filed after verdict. The appellate court reverses, holding that challenges to the jury panel must be made in writing before any juror is examined, or the defendant waives the right