From Casetext: Smarter Legal Research

Akers v. Palm Beach Newspapers, Inc.

District Court of Appeal of Florida, Fourth District
Aug 21, 1980
386 So. 2d 282 (Fla. Dist. Ct. App. 1980)

Opinion

No. 78-2743.

July 9, 1980. Rehearing Denied August 21, 1980.

Appeal from the Circuit Court, Palm Beach County, Robert S. Hewitt, J.

Joseph D. Farish, Jr. and Bob Romani of Farish, Farish Romani, West Palm Beach, for appellants.

Richard W. Glenn of Albury, Webb, Park Glenn, West Palm Beach, for appellees.


The plaintiffs in a libel action appeal from an order granting the defendants' motion for new trial. Appellants contend that the order fails to sufficiently delineate the lower court's reasons for granting a new trial and, further, that the reasons which are stated in the order are not supported by the record. We affirm.

In the order granting the new trial, the court lists three grounds for its decision. Admittedly, the first ground listed is a cursory statement that the verdict was rendered contrary to the law and the evidence. However, this finding is further amplified by the other two grounds listed in support of the granting of a new trial. In these latter two grounds, the court specifies how the jury's verdict is inconsistent and how the court erred in permitting the jury to consider presumed damages. Consequently, in light of these specific findings, we have reviewed the record and have determined that no abuse of discretion has been demonstrated. See, Baptist Memorial Hospital, Inc. v. Bell, 384 So.2d 145 (1980).

The order granting the new trial is affirmed.

MOORE, BERANEK and HURLEY, JJ., concur.


Summaries of

Akers v. Palm Beach Newspapers, Inc.

District Court of Appeal of Florida, Fourth District
Aug 21, 1980
386 So. 2d 282 (Fla. Dist. Ct. App. 1980)
Case details for

Akers v. Palm Beach Newspapers, Inc.

Case Details

Full title:WAYNE AKERS AND HIS WIFE, KATHRYN J. AKERS, APPELLANTS, v. PALM BEACH…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 21, 1980

Citations

386 So. 2d 282 (Fla. Dist. Ct. App. 1980)

Citing Cases

Lopez v. Cohen

In reviewing the type of discretionary act of the trial court [to grant or deny a motion for new trial], the…