Hutchins v. City of Hialeah

District Court of Appeal of Florida

Hutchins v. City of Hialeah

153 So. 2d 864, 1963 Fla. App. LEXIS 3282

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 1963

DocketNo. 62-774

StatusPublished

Cited by3 cases

This text of 153 So. 2d 864 (Hutchins v. City of Hialeah) 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.

Bluebook

Hutchins v. City of Hialeah, 153 So. 2d 864, 1963 Fla. App. LEXIS 3282 (Fla. Ct. App. 1963).

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Opinion

PER CURIAM.

We are confronted again with an appeal from an order granting a new trial which failed to include a statement by the trial judge of any ground or grounds upon which such order was based, as required by statute and court rule (§ 59.07(4) Fla.Stat., F.S.A., rule 2.8(f) F.R.C.P., 31 F.S.A.). The absence of grounds in the order requires reversal. See Ebersole v. Tepperman, Fla.1953, 65 So.2d 564; Means v. Douglas, Fla.App.1959, 110 So.2d 88; Fulton v. Poston Bridge & Iron, Inc., Fla.App.1960, 122 So.2d 240; Gaskill v. Montague, Fla.App.1961, 128 So.2d 420; Ponte v. Lattin, Fla.App.1961, 135 So.2d 260; Morton v. Staples, Fla.App.1962, 141 So.2d 806; Hammett v. Lyte Lyne, Inc., Fla.1950, 150 So.2d 235. The order for new trial is reversed, and the cause is remanded to the circuit court with directions to reinstate the verdict and judgment.

Reversed and remanded with directions.

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PER CURIAM.

We are confronted again with an appeal from an order granting a new trial which failed to include a statement by the trial judge of any ground or grounds upon which such order was based, as required by statute and court rule (§ 59.07(4) Fla.Stat., F.S.A., rule 2.8(f) F.R.C.P., 31 F.S.A.). The absence of grounds in the order requires reversal. See Ebersole v. Tepperman, Fla.1953, 65 So.2d 564; Means v. Douglas, Fla.App.1959, 110 So.2d 88; Fulton v. Poston Bridge & Iron, Inc., Fla.App.1960, 122 So.2d 240; Gaskill v. Montague, Fla.App.1961, 128 So.2d 420; Ponte v. Lattin, Fla.App.1961, 135 So.2d 260; Morton v. Staples, Fla.App.1962, 141 So.2d 806; Hammett v. Lyte Lyne, Inc., Fla.1950, 150 So.2d 235. The order for new trial is reversed, and the cause is remanded to the circuit court with directions to reinstate the verdict and judgment.

Reversed and remanded with directions.

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153 So. 2d 864, 1963 Fla. App. LEXIS 3282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchins-v-city-of-hialeah-fladistctapp-1963.

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