Rodriguez v. Allied Universal Corp.
Rodriguez v. Allied Universal Corp.
Opinion of the Court
After a jury verdict for the plaintiff in a personal injury action, the lower court granted the defendants a new trial on the sole ground that it had erred in denying their motion for continuance on the eve of trial.
Since the record shows that defense counsel was completely neglectful in its preparation of the case, it is clear that there was no cognizable ground for' the requested continuance and thus that it was properly denied. S & S Pharmaceuticals, Inc. v. Hirschfield, 226 So.2d 874 (Fla. 3d DCA 1969). It follows that the new trial order, founded entirely on the determina
Accordingly, the order under review is reversed with directions to enter judgment on the jury verdict.
Reversed.
. The court did not base the order on any ground related to the weight of the evidence, an improper influence on the jury, the justice of the cause, or the like. Cf., e.g., Baptist Memorial Hospital, Inc. v. Bell, 384 So.2d 145 (Fla. 1980). See generally, as to the distinction in the review-ability of orders on such grounds, which invoke the broadest range of the trial court’s discretion, and for reasons concerning the alleged legal impropriety of a prior ruling, Springfield Life Ins. Co. v. Edwards, 375 So.2d 1120 (Fla. 3d DCA 1979); Bishop v. Watson, 367 So.2d 1073 (Fla. 3d DCA 1979); see also Sears, Roebuck & Co. v. Jackson, 433 So.2d 1319 (Fla. 3d DCA 1983).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.