Legal Opinion

State Farm Mutual Automobile Insurance Co. v. Caboverde

District Court of Appeal of Florida

Decided May 18, 2011No. 3D09-3092PublishedCited by 1 opinion

1Opinion of the CourtEmas, J.

State Farm Mutual Automobile Insurance Company (“State Farm”) appeals an order granting a new trial, following a jury verdict in favor of State Farm. A trial court’s order granting a new trial should not be disturbed except upon a clear showing of abuse of discretion. Brown v. Estate of A.P. Stuckey, 749 So.2d 490 (Fla. 2000).

When a trial judge “concludes that the verdict is against the manifest weight of the evidence, it is his duty to grant a new trial, and he should always do that if the jury has been deceived as to the force and credibility of the evidence or has been influenced by…

2Cases cited4 opinions

  1. Cloud v. FallisSupreme Court of Florida · 1959
  2. Brown v. Estate of StuckeySupreme Court of Florida · 1999
  3. Midtown Enterprises, Inc. v. Local Contractors, Inc.District Court of Appeal of Florida · 2001
  4. Hernandez v. FelicianoDistrict Court of Appeal of Florida · 2004

3Cited by1 opinion

  1. FRED MEYERS AND NINIBETH MEYERS v. BONNEVA SHONTZDistrict Court of Appeal of Florida · 2018

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