Smith v. Vining

I concur only with respect to the affirmance of the order reconstructing the record.

I strongly disagree with the reversal of the trial judge’s order granting a new trial. A stronger showing is required to upset an order granting a new trial than an order denying a new trial. Cloud v. Fallis, 110 So.2d 669, 673 (Fla.1959). In Castlewood International Corporation v. LaFleur, 322 So.2d 520, 522 (Fla.1976), the principle with respect to an order granting a new trial was reiterated:

Since at least 1962, it has been the law of Florida that a trial court’s discretion to grant a new trial is “of such…