Dunnellon Phosphate Co. v. Crystal River Lumber Co.

Citations

• 63 Fla. 131

Syllabus

<p>1. Upon writ of error to an order granting a new trial, the only questions to be considered are those involved in such order.</p> <p>2. Every presumption is in favor of the correctness of rulings made by the trial court, and this presumption of correctness and regularity attaches and applies with peculiar force to orders granting new trials.</p> <p>3. To warrant an appellate court in disturbing an order of the trial court granting a new trial it must clearly appear either that there has been an abuse of a sound judicial discretion or that some settled principle of law has been violated.</p> <p>4. Where the trial court grants a new trial upon the ground that the evidence is insufficient to support the verdict, and incorporates in such order his reasons for such ruling, it is with the ruling itself that an appellate court is called upon to deal, and not with the reasons given therefor. If the ruling is correct, it will not be disturbed because the trial court may have given a wrong or insufficient reason for its rendition.</p>