Saboff v. Saboff

We affirm the trial court's order granting a new trial.1 See § 59.04, Fla. Stat. (2018) ("Upon the entry of an order granting a new trial, the party aggrieved may prosecute an appeal to the proper appellate court without waiting for final judgment ." (emphasis added)); see also Marley v. Saunders , 249 So. 2d 30, 32 (Fla. 1971) (holding that party had right of appeal from trial court's order for new trial on issue of liability only, notwithstanding that order was not final judgment). Here, the trial judge acknowledged on the record that there was no justification for his failure to rule on…