Genie Drywall & Construction Inc. v. Lyttons, Inc.

This is an appeal from an order granting appellee, defendant below, a new trial after rendition of a $13,000 jury verdict in favor of appellant in a breach of contract action.

The first reason stated by trial court for granting appellee’s motion for new trial was:

“That the verdict is not supported by the evidence presented at the trial.”

This was an insufficient ground upon which to grant a new trial.1 In Hodge v. Jacksonville Terminal Company, Fla., 234 So.2d 645 (1970), the Supreme Court had before it an order granting a new trial which specifically stated:

“. . . the Court has reached the…