Weatherly v. Louis
34 Fla. L. Weekly D 2498 (Fla. 3rd DCA 2009) (December)
The trial court denied the plaintiff’s motion for a new trial after the jury returned a verdict for the defendant. The plaintiff argued that the verdict was against the manifest weight of the evidence, but the district court affirmed noting conflicting evidence in the record regarding who was at fault to show that the trial judge did not abuse his discretion. It also dismissed the plaintiff’s assertion that the denial should be reversed because the trial judge failed to expressly state that the verdict was not against the manifest weight of the evidence because there are no “magic words” a judge need state in denying a motion for a new trial.