Hall v. American Distributing Corp.

TILLMAN PEARSON, Judge.

The plaintiff, appellant, received a judgment after a non-jury trial. The defendant filed a motion for a new trial pursuant to Rule 2.8, Fla.R.Civ.P., 31 F.S.A., and, in addition, filed a motion to set aside judgment pursuant to Rule 1.38(b), Fla. R.Civ.P., 30 F.S.A. Thereafter, the Court entered an order, which we construe as being entered pursuant to Rule 1.38(b), vacating the judgment and granting a new trial on one issue in the case. We hold that the entry of the order pursuant to Rule 1.38, Fla.R.Civ.P., was an abuse of discretion and reverse.

The order entered by…