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LARRABEE v. CAPELETTI BROS., INC.

No. 63-272.

158 So.2d 540 (1963)

Max E. LARRABEE, Appellant, v. CAPELETTI BROS., INC., a Florida corporation, and Bob Smith, Appellees.

District Court of Appeal of Florida. Third District.

December 13, 1963.

Attorney(s) appearing for the Case

Nichols, Gaither, Beckham, Colson & Spence and Alan R. Schwartz, Miami, for appellant.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell and James A. Dixon, Jr., Miami, for appellees.

Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.

PER CURIAM.

We are presented with an appeal from an order granting a new trial on the issue of liability only in a personal injury action. The appellant-plaintiff received a verdict of $10,000 at the hands of the jury. The trial judge granted the new trial as to liability on the following ground as set forth in his order:

"During the course of the trial, the plaintiff offered into evidence and the Court received into evidence (over defendants' objection)...

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