Opinion
April 15, 1952.
Appeal from the Circuit Court for Palm Beach County, Joseph S. White, J.
Joanna Vermilye and Irwin L. Langbein, West Palm Beach, for appellant.
W.F. Finch and Thomas L. Bailey, West Palm Beach, for appellee.
In ejectment proceedings below, the trial judge directed the jury to return a verdict for the plaintiff-appellant at the close of all the evidence. Thereafter, upon motion of the defendant-appellee, the trial judge entered an order granting a new trial, and this appeal is from such order as authorized by Section 59.04, F.S.A.
It is well settled that the granting of a new trial rests primarily in the sound legal discretion of the trial court, and that his determination will not lightly be disturbed. Florida Coastal Theatres, Inc., v. Belflower, 159 Fla. 741, 32 So.2d 738, and cases therein cited. This is particularly true where, as here, the case has never been considered by a jury and the new trial is granted because the trial judge determined that he had erred in directing a verdict for the plaintiff-appellant.
No error having been made to appear, the order appealed from should be and it is hereby
Affirmed.
SEBRING, C.J., and CHAPMAN, ROBERTS and MATHEWS, JJ., concur.