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Dorr-Oliver, Incorporated v. Parnell

District Court of Appeal of Florida, Second District
Jul 9, 1976
334 So. 2d 629 (Fla. Dist. Ct. App. 1976)

Opinion

Nos. 75-18 and 75-19.

July 9, 1976.

Appeal from the Circuit Court, Citrus County, John W. Booth, J.

Ronnie H. Walker, Howell, Kirby, Montgomery, D'Aiuto Dean, Orlando, for appellants.

Woodie A. Liles and E.C. Watkins, Jr., Tampa, and William N. Avera, Chandler, O'Neal, Avera, Gray, Lang Stripling, Gainesville, for appellee.


The appellants appeal an order granting a motion for new trial in these consolidated cases to the appellees. Appellees cross-appeal, contending that the trial court erred in not directing a verdict on the question of liability on the part of the appellants and the refusal of the trial court to give one of appellees' requested instructions on concurring negligence.

The appellants brought this appeal pursuant to the authority of § 59.04, Fla. Stat., which permits an appeal by the party aggrieved of an order granting a new trial without waiting for final judgment to be rendered in the trial court for the party obtaining the verdict. Under these circumstances we are prohibited from considering the cross assignments of error filed by the appellees. Osteen v. Seaboard Coast Line Railroad Company, Fla.App., 1st, 1973, 283 So.2d 379.

The appellants have failed to show a clear abuse of the trial court's discretion in granting the motion for a new trial. Cloud v. Fallis, Fla. 1959, 110 So.2d 669.

Therefore, the order granting the motion for new trial is

AFFIRMED.

HOBSON, Acting C.J., and GRIMES and SCHEB, JJ., concur.


Summaries of

Dorr-Oliver, Incorporated v. Parnell

District Court of Appeal of Florida, Second District
Jul 9, 1976
334 So. 2d 629 (Fla. Dist. Ct. App. 1976)
Case details for

Dorr-Oliver, Incorporated v. Parnell

Case Details

Full title:DORR-OLIVER, INCORPORATED, A FOREIGN CORPORATION, AND LIBERTY MUTUAL…

Court:District Court of Appeal of Florida, Second District

Date published: Jul 9, 1976

Citations

334 So. 2d 629 (Fla. Dist. Ct. App. 1976)

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