Legal Opinion

Seely v. Hertz Corp.

District Court of Appeal of Florida

Decided February 20, 1970No. 69-293Published

1Per curiam

We have examined the record and the appellate presentation and find that the presumption of correctness which accompanies orders allowing a new trial has not been overcome. No abuse of discretion having been demonstrated, the order granting a new trial is hereby affirmed. Cloud v. Fallis, Fla. 1959, 110 So.2d 669; City of Fort Pierce v. Cooper, Fla.App.1966, 190 So.2d 12; and Volk v. Goetz, Fla.App. 1967, 206 So.2d 250; 2 Fla.Jur., Appeals, § 317.

Affirmed.

WALDEN, REED, and OWEN, JJ., concur.

2Cases cited3 opinions

  1. Cloud v. FallisSupreme Court of Florida · 1959
  2. Volk v. GoetzDistrict Court of Appeal of Florida · 1967
  3. City of Fort Pierce v. CooperDistrict Court of Appeal of Florida · 1966