Diehl Machines, Inc. v. Midland National Insurance Co.

Florida District Courts of Appeal
Diehl Machines, Inc. v. Midland National Insurance Co., 238 So. 2d 137 (1970)
1970 Fla. App. LEXIS 5913
Owen, Reed, Walden

Diehl Machines, Inc. v. Midland National Insurance Co.

Opinion of the Court

PER CURIAM.

Plaintiff moved for a new trial on the question of damages. The trial court granted the motion and went on to amend a portion of a pre-trial order concerning the burden of proof. Plaintiff seeks to appeal. It is our view that plaintiff is not “aggrieved” and so cannot challenge the order appealed. We do not pass upon the propriety of the trial court’s pre-trial decision as concerns the burden of proof. A consideration of it would be premature and the parties may seek review of the final judgment as they are advised.

WALDEN, REED and OWEN, JJ., concur.

Reference

Full Case Name
DIEHL MACHINES, INC. v. MIDLAND NATIONAL INSURANCE COMPANY, a corporation
Cited By
2 cases
Status
Published