Carney v. Stringfellow

Citations

• 73 Fla. 700
• 74 So. 866

Syllabus

<p>1. On writ of error taken under the statute to an order granting a new trial in a civil action at law the only questions to be considered are those involved in the order granting a new. trial.</p> <p>2. A stronger showing is required to reverse an order allowing a new trial than to reverse one denying it.</p> <p>3. Where the trial court grants a new trial containing several grounds without stating any ground upon which the ruling' was based, the order will be affirmed if any ground of the motion is sufficient to authorize the granting of the new trial. And it must be assumed that the court based the order on the grounds that warrant it.</p> <p>4. Where a new trial is granted, and there is such a conflict in the evidence that this court cannot say the trial judge abused his discretion in granting such new trial, his ruling will not be disturbed.</p> <p>5. Where the evidence on a material issue in a' cause is conflicting, and it does not so preponderate in favor of the verdict as to show an abuse of discretion or the violation of any provision or settled principle of láw in granting a new trial, the action of the trial court will not be disturbed on writ of error.</p> <p>6. There are so many matters occurring in the course and progress of a judicial trial that, in the opinion of the judge who tried the case, may affect the, merits and justice of the cause to the substantial injury of one of the parties, that of necessity a large discretion should be accorded to the trial court in granting a new trial, to the end that the administration of .justice may be facilitated; and the appellate court will no.t reverse an order granting a new trial, unless it clearly appears that a judicial discretion has been abused in its exercise, resulting in injustice or that the law has been, violated.</p> <p>7. A trial court should not direct a verdict for one party where there i& evidence that would legally support a verdict for the opposite party, for the reason that the parties are