WAGNER v. THIGPEN

No. H-351.

190 So.2d 612 (1966)

Edward Joseph WAGNER, Jr. and Joan S. Wagner, Appellants, v. Lee THIGPEN and Dorsil Ray Reaves, a Minor, Appellees.

District Court of Appeal of Florida. First District.

October 6, 1966.


Attorney(s) appearing for the Case

Carl R. Pennington, Jr., and F. Perry Odom, of Ervin, Pennington, Varn & Jacobs, Tallahassee, for appellants.

Hall, Hartwell, Hall & Canada, Tallahassee, for appellees.


PER CURIAM.

Appellants, who were the losing plaintiffs in an automobile negligence case, complain of the lower court's action in denying their motion for a new trial based upon newly discovered evidence, to wit, the testimony of an eyewitness who could not have been found with due diligence up to the time of trial.

We do not believe that the testimony of this witness necessarily demonstrates that the defendants' witnesses gave false testimony, and appellants...

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