Diehl Machines, Inc. v. Midland National Insurance Co.

District Court of Appeal of Florida

Diehl Machines, Inc. v. Midland National Insurance Co.

238 So. 2d 137, 1970 Fla. App. LEXIS 5913

District Court of Appeal of Florida·Decided July 31, 1970·No. No. 69-861·Published·Cited by 2 cases

Opinion

PER CURIAM.

Plaintiff moved for a new trial on the question of damages. The trial court granted the motion and went on to amend a portion of a pre-trial order concerning the burden of proof. Plaintiff seeks to appeal. It is our view that plaintiff is not “aggrieved” and so cannot challenge the order appealed. We do not pass upon the propriety of the trial court’s pre-trial decision as concerns the burden of proof. A consideration of it would be premature and the parties may seek review of the final judgment as they are advised.

WALDEN, REED and OWEN, JJ., concur.

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PER CURIAM.

Plaintiff moved for a new trial on the question of damages. The trial court granted the motion and went on to amend a portion of a pre-trial order concerning the burden of proof. Plaintiff seeks to appeal. It is our view that plaintiff is not “aggrieved” and so cannot challenge the order appealed. We do not pass upon the propriety of the trial court’s pre-trial decision as concerns the burden of proof. A consideration of it would be premature and the parties may seek review of the final judgment as they are advised.

WALDEN, REED and OWEN, JJ., concur.

Diehl Machines, Inc. v. Midland National Insurance Co., 238 So. 2d 137, 1970 Fla. App. LEXIS 5913 (Fla. Ct. App. 1970).

Pincite

238 So. 2d 137 (Diehl Machines, Inc. v. Midland National Insurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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