Legal Opinion

Clarke v. Stewart

District Court of Appeal of Florida

Decided May 7, 1991No. 90-1268PublishedCited by 1 opinion

1Opinion of the Court

GERSTEN, Judge.

Appellant, Phyllis Clarke, appeals an order granting a new trial. We affirm.

Appellant contends that the trial court abused its discretion by granting a new trial where there may be some dispute in the evidence. Appellee, Trevor Stewart, asserts that the trial court was correct in granting a new trial because the verdict was against the manifest weight of the evidence.

The straightforward trial facts show that appellee had the right-of-way at a traffic intersection. Appellant turned into appel-lee’s lane at the intersection and an accident occurred. The jury’s verdict necessarily…

2Cases cited3 opinions

  1. Kinsey v. KellyDistrict Court of Appeal of Florida · 1975
  2. Diaz v. Certified Marine Industries, Inc.District Court of Appeal of Florida · 1977
  3. Christiana v. WhiteDistrict Court of Appeal of Florida · 1977

3Cited by1 opinion

  1. Pierce v. NICHOLSON SUPPLY CO., INC.District Court of Appeal of Florida · 1996

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