ARCHIBALD v. WITTMER

No. 1594.

120 So.2d 236 (1960)

Fred B. ARCHIBALD and Lucy Pease Archibald, Appellants, v. John C. WITTMER a/k/a J.C. Wittmer, Appellee.

District Court of Appeal of Florida. Second District.

May 11, 1960.


Attorney(s) appearing for the Case

George S. Saltsman and Page S. Jackson, St. Petersburg, for appellants.

Gardner W. Beckett, Jr., of Askew & Earle, St. Petersburg, for appellee.


WILLIAMS, V.A., Associate Judge.

The plaintiffs in this suit upon a promissory note have appealed from an order granting a new trial entered by the court below.

In granting the defendant appellee's motion for a new trial, the trial judge ruled that the jury had been misdirected. His ruling will not be reversed unless it is clearly erroneous, Lowenthal v. Laurent, Fla.App. 1958, 102 So.2d 410, 411. The burden rests upon appellants...

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