From Casetext: Smarter Legal Research

State v. Strickland

District Court of Appeal of Florida, Second District
Feb 26, 1965
172 So. 2d 260 (Fla. Dist. Ct. App. 1965)

Opinion

No. 4563.

February 26, 1965.

Appeal from the Court of Record for Broward County, Douglas S. Lambeth, J.

Thomas M. Coker, Jr., County Sol., and Donald S. Reisman, Asst. County Sol., Ft. Lauderdale, for appellant.

J. Leonard Fleet, of Fuer, Fleet Abram, Hollywood, for appellee.


The state appeals an order granting the defendant a new trial. Such motion is directed to the sound discretion of the trial judge whose ruling thereon will not be disturbed in the absence of a clear showing of abuse. Gelfo v. General Accident Fire Life Assurance Corp., Fla.App. 1964, 167 So.2d 31; Huffman v. Heagy, Fla.App. 1964, 159 So.2d 907; Morin v. Halpern, Fla.App. 1962, 139 So.2d 495. In the present case the heavy burden resting on the appellant has not been sustained.

The trial judge, having observed the witnesses, the jury and respective counsel, was best positioned to rule on the motion — and it is axiomatic that a stronger showing is required to upset an order granting a new trial than an order denying a new trial. Simpson v. Clay, Fla.App. 1962, 139 So.2d 494; Cloud v. Fallis, Fla. 1959, 110 So.2d 669.

Affirmed.

WHITE, Acting C.J., ANDREWS, J., and RAWLS, JOHN S., Associate Judge, concur.


Summaries of

State v. Strickland

District Court of Appeal of Florida, Second District
Feb 26, 1965
172 So. 2d 260 (Fla. Dist. Ct. App. 1965)
Case details for

State v. Strickland

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. WILLIAM ARLIN STRICKLAND, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 26, 1965

Citations

172 So. 2d 260 (Fla. Dist. Ct. App. 1965)

Citing Cases

State v. Riggins

The emphasized sentence in Paragraph C reveals that the court considered the availability of evidence not…

State v. Price

The Court finds that the case law recited above and the factual situation presented in this case leaves the…