Wednesday, August 19, 2009

Order Granting New Trial Affirmed

In M.D.R. Associates Limited v. Ortega (4D08-1127), the Fourth District affirmed the trial court's order granting a new trial.
The Fourth District stated:

It is well settled in Florida, however, that because trial courts are in the best position to observe and comprehend what occurred at trial, a motion for a new trial that is granted on the ground that the verdict is against the manifest weight of the evidence is “the exercise of a sound, broad discretion” that “should not be disturbed in the absence of a clear showing that it has been abused.”
The court held the trial court had not abused its discretion in this case.


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