[DOWNLOAD] "Brown V. Estate Of Stuckey" by Florida Supreme Court ~ Book PDF Kindle ePub Free

July 24, 2021

eBook details

Title: Brown V. Estate Of Stuckey
Author : Florida Supreme Court
Release Date : January 26, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

We have for review Estate of Stuckey v. Brown, 695 So. 2d 796 (Fla. 1st DCA 1997), which reversed the trial Judge's granting of a new trial on the grounds that the verdict was contrary to the manifest weight of the evidence. We find that the district court's decision directly conflicts with Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959), and our subsequent decisions in Castlewood International Corp. v. LaFleur, 322 So. 2d 520 (Fla. 1975); Wackenhut Corp. v. Canty, 359 So. 2d 430 (Fla. 1978); Baptist Memorial Hospital, Inc. v. Bell, 384 So. 2d 145 (Fla. 1980); Smith v. Brown, 525 So. 2d 868 (Fla. 1988); and E.R. Squibb & Sons, Inc. v. Farnes, 697 So. 2d 825 (Fla. 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. For the reasons expressed, we conclude that the district court in this case erred in reversing the trial Judge's order because it did not apply the broad discretion standard adopted in Cloud. Rather, the district court applied the substantial, competent evidence standard, which was rejected in Cloud. It is our desire in this opinion to clarify the principles that must be applied by the trial Judge when considering a motion for new trial on the grounds that the verdict is contrary to the manifest weight of the evidence and the standard that must be applied by the appellate court on an appeal of the trial Judge's decision to grant a new trial.