Annis v. Gang
This text of 160 So. 2d 171 (Annis v. Gang) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This appeal seeks review of an order granting a new trial to the appellee, after a favorable jury verdict had been rendered for the appellant.
In granting the new trial, no ground was stated in the order. Failure to state a ground is contrary to the provisions of § 59.07(4), Fla.Stat, F.S.A. and Rule 2.8(f), Florida Rules of Civil Procedure, 31 F.S.A. Therefore, the order of the trial court granting a new trial be and the same is hereby reversed. See: Fulton v. Poston Bridge and Iron, Inc., Fla.App.1960, 122 So.2d 240; Gaskill v. Montague, Fla.App. 1961, 128 So.2d 420; Webb’s City, Inc. v. Lugerner, Fla.App.1962, 138 So.2d 531; A & P Bakery Supply and Equipment Co. v. H. Plexter & Son, Inc., Fla.App.1963, 149 So.2d 883. This cause is remanded to the trial court for the purpose of entering an order reinstating the judgment in favor of the appellant.
Reversed and remanded with directions.
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160 So. 2d 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/annis-v-gang-fladistctapp-1964.