Cheyney v. Roberts
| Decision Date | 29 March 1919 |
| Citation | 77 Fla. 324,81 So. 475 |
| Parties | CHEYNEY v. ROBERTS et al. |
| Court | Florida Supreme Court |
Error to Circuit Court, Pinellas County; O. K. Reaves, Judge.
Action by John K. Cheyney, doing business as the Tarpon Lumber Company, against W. A. Roberts and the Carter Manufacturing Company, garnishee. A new trial was granted on garnishee's motion, and plaintiff brings error. Affirmed.
Syllabus by the Court
There are so many matters occurring in the course and progress of a judicial trial which, in the opinion of the judge who tried the case, may affect the merits and justice of the cause to the substantial injury of one of the parties, that of necessity a large discretion should be accorded to the trial court in granting a new trial, to the end that the administration of justice may be facilitated; and the appellate court will not reverse an order granting a new trial, unless it clearly appears that a judicial discretion has been abused in its exercise, resulting in injustice, or that the law has been violated.
On writ of error taken under the statute to an order granting a new trial in a civil action at law, the only questions to be considered are those involved in the order granting a new trial.
A stronger showing is required to reverse an order allowing a new trial than to reverse one denying it.
Where the trial court grants a new trial containing several grounds, without stating any ground upon which the ruling was based, the order will be affirmed if any ground of the motion is sufficient to authorize the granting of the new trial. And it must be assumed that the court based the order on the grounds that warrant it.
Where the evidence on a material issue in a cause is conflicting and it does not so preponderate in favor of the verdict as to show an abuse of discretion or the violation of any provision or settled principle of law in granting a new trial, the action of the trial court in granting a new trial will not be disturbed on writ of error.
When a motion for a new trial is granted by the circuit court, the presumption is that it was properly granted.
COUNSEL McKay & Withers, of Tampa, for plaintiff in error.
King Spear & Futch, of St. Petersburg, for defendants in error.
A judgment was obtained by Cheyney against Roberts on promissory notes. In ancillary garnishment proceedings in the cause brought by Cheyney against Carter Manufacturing Company, garnishee, a verdict was rendered on a traverse of the answer in garnishment that the garnishee company was then, and at the time the writ of garnishment was served, in possession of stated articles of property belonging to the defendant Roberts. The court granted a new trial on motion of the garnishee company, and Cheyney took writ of error thereto under the statute. Section 1695, Gen. Stats. 1906; Compiled Laws 1914; Carney v. Stringfellow, 73 Fla. 700, 74 So. 866.
There are so many matters occurring in the course and progress of a judicial trial which, in the opinion of the judge who tried the case, may affect the merits and justice of the cause to the substantial injury of one of the parties that of necessity a large discretion should be accorded to the trial court in granting a new trial, to the end that the administration of justice may be facilitated; and the appellate court will not reverse an order granting a new trial, unless it clearly appears that a judicial discretion has been abused...
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Beckwith v. Bailey
...& N. R. Co. v. Wade, 49 Fla. 179, 38 So. 49; Dunnellon Phosphate Co. v. Crystal River Lumber Co., 63 Fla. 131, 58 So. 786; Cheyney v. Roberts, 77 Fla. 324, 81 So. 475; Lockhart v. Butt-Landstreet, 91 Fla. 497, 107 641; Tampa Electric Co. v. Ferguson, 96 Fla. 375, 118 So. 211; McDaniel v. Bu......
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...Co. v. Seaboard Air Line Ry., 69 Fla. 188, 67 So. 913; Woods v. Atlantic Coast Line R. Co., 100 Fla. 909, 130 So. 601; Cheyney v. Roberts, 77 Fla. 324, 81 So. 475; La Vallina v. De La Vallina, 90 Fla. 905, 107 So. 339; Elks Club v. Adair, 95 Fla. 415, 116 So. 26; Waters Realty Co. v. Miami ......
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Gravette v. Turner
... ... facilitate the administration of justice. Carney v ... Stringfellow, 73 Fla. 700, 74 So. 866; Cheyney v ... Roberts, 81 So. 475, decided at this term ... There ... may be no inconsistency in granting new trial in a case in ... which a ... ...
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Phillips v. Lowenstein
... ... reverse the order of the trial court. Carney v ... Stringfellow, 74 So. 866, 73 Fla. 700; Cheyney v ... Roberts, 81 So. 475, 77 Fla. 324; Dunnellon ... Phosphate Co. v. Crystal River Lumber Co., 58 So. 786, ... 63 Fla. 131; Gulf Refining Co ... ...