Lyman v. Fanta

By these consolidated appeals, we are called upon to review the correctness of a trial court’s order granting a motion for new trial on liability and damages, in an automobile negligence action.

Examining this ruling in light of the applicable authorities as to the discretion of a trial judge in entering such an order [Cloud v. Fallis, Fla.1959, 110 So.2d 669; Spearman Distributing Company v. Boyette, Fla.App.1968, 205 So.2d 690; Leggett v. Seaboard Coast Line Railroad Company, Fla.App.1969, 221 So.2d 16], as to the burden of the appellant to upset such an order granting a new trial contrasted…