G. Lloyd Preacher & Co., Inc. v. Sarasota Bay Hotel Co.

• Decision Date: 20 October 1933
• Citation: 112 Fla. 432,150 So. 590
• Parties: G. LLOYD PREACHER & CO., Inc. v. SARASOTA BAY HOTEL CO.
• Court: Florida Supreme Court

150 So. 590

112 Fla. 432

G. LLOYD PREACHER & CO., Inc. v. SARASOTA BAY HOTEL CO.

Florida Supreme Court, Division A.

October 20, 1933

Error to Circuit Court, Sarasota County; P. C. Albritton, Judge.

Action by G. Lloyd Preacher & Co., Inc., against the Sarasota Bay Hotel Company. Judgment for plaintiff, defendant's motion for a new trial was granted, and plaintiff brings error.

Affirmed.

COUNSEL T. C. Cork, of Clermont, and J. Douglas Arnest, of Sarasota, for plaintiff in error.

Cary B. Fish and Williams & Dart, all of Sarasota, for defendant in error.

OPINION

PER CURIAM.

In this case the writ of error is to an order granting a new trial to the defendant, against whom a verdict was returned in an action at law.

Where the trial court grants a new trial upon a motion 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 trial judge based the order on grounds stated in the motion that warranted a new trial. See Scott v. National City Bank (Fla.) 146 So. 573. On authority of the case just cited, the order granting a new trial here appealed from should be affirmed, and it is so ordered.

Affirmed.

DAVIS, C.J., and WHITFIELD, TERRELL, BROWN, and BUFORD, JJ., concur.