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CITY OF WINTER HAVEN v. TUTTLE/WHITE CONST'RS, INC.

No. 78-1629.

370 So.2d 829 (1979)

CITY OF WINTER HAVEN, a Municipal Corporation, for the Use and Benefit of John K. Lastinger, D/B/a John K. Lastinger & Sons, Appellant, v. TUTTLE/WHITE CONSTRUCTORS, INC., Lecanto Construction Company, Inc., D/B/a Crystal Construction Company, and Federal Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

May 4, 1979.

Attorney(s) appearing for the Case

Kenneth L. Connor, of Gibson & Connor, Lake Wales, and James M. Weaver, of Weaver & White, Lake Wales, for appellant.

James F. Page, Jr., of Gray, Adams, Harris & Robinson, Orlando, for appellees.

DANAHY, Judge.

Four months after appellant obtained a final judgment against them pursuant to a jury verdict, appellees requested a new trial by motion under Fla.R.Civ.P. 1.540(b) on grounds of newly discovered evidence. The request was granted and this appeal followed. We hold that the new trial should not have been granted because the evidence in question is not material to the issues in this case.

Appellant (Lastinger) was a sub-subcontractor for the site...

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