Brown v. McMillian

Appellants, Charles E. and Maggie Brown, seek to reverse an order granting a motion to set aside a judgment based on newly discovered evidence, which was filed by appellee Quinn A. McMillian, Sheriff of Walton County, pursuant to Florida Rule of Civil Procedure 1.540(b), and the granting of a new trial. We agree with appellants that the evidence in question could have been discovered before trial by the sheriffs exercise of due diligence in the pretrial investigation; accordingly, we reverse.

As a general rule, courts should look with disfavor upon applications for new trial based upon newly…