Kmart Corp. v. Herzog
Cases that cite this one
1 later published case cites this decision.
- Herzog v. K-Mart Corp. (Fla. Dist. Ct. App. 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We cannot say that the order granting a new trial — on the grounds that the verdict was against the manifest weight of the evidence — is outside the broad discretion given to trial judges in such matters. See Cloud v. Fallis, 110 So.2d 669 (Fla. 1959); Castlewood International Corp. v. LaFleur, 322 So.2d 520 (Fla. 1975); Baptist Memorial Hospital, Inc. v. Bell, 384 So.2d 145 (Fla. 1980), Ford Motor Co. v. Kikis, 401 So.2d 1341 (Fla. 1981); Smith v. Brown, 525 So.2d 868 (Fla. 1988); Nicaise v. Gagnon, 597 So.2d 305 (Fla. 4th DCA 1992). In affirming the new trial order, however, we do not do so because we agree that a new trial was required as a matter of law.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.