Dorr-Oliver, Inc. v. Parnell

The appellants appeal an order granting a motion for new trial in these consolidated cases to the appellees. Appellees cross-appeal, contending that the trial court erred in not directing a verdict on the question of liability on the part of the appellants and the refusal of the trial court to give one of appellees’ requested instructions on concurring negligence.

The appellants brought this appeal pursuant to the authority of § 59.04, Fla. Stat., which permits an appeal by the party aggrieved of an order granting a new trial without waiting for final judgment to be rendered in the trial court…