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Dent v. Margaret Ann Super Markets

52 So. 2d 130, 1951 Fla. LEXIS 1310
Supreme Court of Florida·Decided April 20, 1951·Published·Cited by 21 cases

Opinion

52 So.2d 130 (1951)

DENT
v.
MARGARET ANN SUPER MARKETS, Inc.

Supreme Court of Florida, Division B.

April 20, 1951.

Cushman, Woodard & Gotthardt, Miami, for appellant.

Choate & Sinclair, Miami, for appellee.

*131 ROBERTS, Justice.

This is an appeal from an order granting a motion for new trial in a suit filed by appellant against appellee to recover damages for false imprisonment and malicious prosecution, a verdict having been returned in appellant's favor.

This court has many times held that the granting of a new trial rests primarily in the sound legal discretion of the trial court, and that his determination will not be disturbed in the absence of a clear abuse of discretion. See Florida Coastal Theatres, Inc., v. Belflower, 159 Fla. 741, 32 So.2d 738, and cases therein cited. No such abuse of discretion has been shown; and, accordingly, the order granting a new trial should be and it is hereby

Affirmed.

SEBRING, C.J., and CHAPMAN and ADAMS, JJ., concur.

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Dent v. Margaret Ann Super Markets, 52 So. 2d 130, 1951 Fla. LEXIS 1310 (Fla. 1951).

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