Gulf Refining Co. v. Howard

Citations

• 82 Fla. 27
• 89 So. 349

Syllabus

<p>1. Where the court may sua sponte grant a new trial during the term, the court is not without jurisdiction in granting a new trial, during the term, even though no notice was given of a motion for extension of time to move for a new trial, no advantage having been duly taken of the failure to give the required notice, and a motion to vacate the order granting a new trial was not made until after the adjournment of the court for the term.</p> <p>2. 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 he considered are those involved in the order granting a new trial.</p> <p>3. Where the evidence on essential points involved in the issues being tried is conflicting, and it does not clearly appear that the granting of a new trial by the lower court was an abuse of discretion, the order will not be reversed on the evidence.</p>