Civil Litigation
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Total New Trial Cases: 12
Weatherly v. Louis
34 Fla. L. Weekly D 2498 (Fla. 3rd DCA 2009) (December)
2009-12-02
NEW TRIAL
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.
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The plaintiff was injured when his motorcycle struck a city vehicle, and he brought suit against the city. The city moved for a new trial based on what it (and the trial court) believed to be prejudicial conduct by the plaintiff’s attorney, but the judge denied the motion on the basis that the objection was not preserved and the behavior was not so extreme so as to undermine the process. The district court reversed and remanded for a new trial. The trial judge noted that the city had not moved for a mistrial, and that it had thus not preserved the issue. The district court held that moving for a mistrial is not a prerequisite for moving for a new trial. Also, the trial judge did not need to weigh how bad the plaintiff’s attorney’s conduct was, but only whether it deprived the city of a fair trial.
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A plaintiff brought suit against two defendants, who each at one time owned a building where the plaintiff was injured. The jury found that the former owner was not liable and awarded the plaintiff more than $300,000 from the present owner. The trial judge granted the present owner’s motion for a new trial, finding that this verdict went against the manifest weight of the evidence. The district court affirmed holding there was no abuse of broad discretion in granting new trials in such situations.
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The trial court ordered a new trial on the issue of damages only after the jury found that the nursing home was negligent but then awarded zero damages to the plaintiff. The plaintiff made a motion for additur, the nursing home contested that motion and made its own motion for a new trial on both liability and damages, and the trial court sided with the plaintiff. Section 768.74(4), Florida Statutes, states that if a party “adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only.” The district court held that the trial court should have ordered a new trial on both issues. The district court pointed to a line of cases which held that, despite 768.74(4), a new trial on both issues is necessary when an additur is needed and the liability issue was “hotly contested.”
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An arbitration clause in a contract should be upheld, even if one party did not sign, where both parties have performed under the contract.
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Trial court erred by entering final summary judgment in favor of Wal-Mart in a slip-and-fall case where the record contained sufficient evidence of a dangerous condition to create genuine issues as to material facts regarding both whether a dangerous condition existed and whether Wal-Mart had constructive notice of the dangerous condition.
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Since the insured would be unable to obtain admission to a hospital for expensive surgical procedures without prior authorization from his or her insurance company, an insurer has the obligation to preauthorize surgery in a situation in which the injury is within the coverage of the medical payments portion of the insurance policy.
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Upon motions for rehearing and for clarification, the First District Court of Appeal withdrew its prior opinion and substituted this opinion. The Court held that the appellees
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In reversing an order granting summary judgment in favor of American Hotel, the Third District Court of Appeal found that the parties had, in fact, entered into a legally enforceable contract based on the following basic rules of contract interpretation: 1) the contract should be considered as a whole, not in isolated parts; 2) the plain meaning of language used in a contract controls where that language is unambiguous; 3) employment contracts that provide a definite duration are enforceable; and 4) the interpretation of the contract should be consistent with reason, probability and the practical aspect of the transaction. Furthermore, the Court found that even if the contract did not contain an express statement as to duration, the trial court should have determined the intent of the parties by examining the nature and circumstances surrounding the contract and its execution and reasonably construed the agreement as a whole.
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The Florida Supreme Court ruled that, contrary to other authority, Florida rules governing the commencement of the statute of limitation period in oral contracts start upon the creditor
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An improper closing argument as a basis for a new trial is preserved where objections are made to some, but not all, improper arguments, and a motion for mistrial was made before the case was submitted to the jury.
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Barrientos v. Hyre
26 Fla. L. Weekly D2797 (Fla. 2d DCA Nov. 28, 2001)
2001-11-28
NEW TRIAL
Barrientos appealed an order granting a new trial in his action for personal injuries resulting from a motor vehicle accident. After a thorough review of the record, the court concluded that the trial court did not abuse its discretion in ordering a new trial on the issue of comparative negligence, however, the Second District Court of Appeals concluded that a new trial on all issues was unwarranted as the trial court correctly directed a verdict on the issue of the defendant's liability. Because the error requiring a new trial affected only the issue of comparative fault, the new trial had to be limited to that issue.
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