HARPER v. CITY OF TAMPA

No. 77-1039.

374 So.2d 1385 (1979)

Barry Wayne HARPER, Appellant, v. CITY OF TAMPA et al., Appellees.

District Court of Appeal of Florida, Second District.

May 18, 1979.


Attorney(s) appearing for the Case

John W. Boult, Tampa, for appellant.

Warren M. Cason, Acting City Atty., and Kenneth E. Graves, Asst. City Atty., Tampa, for appellees.


HOBSON, Acting Chief Judge.

Appellant Barry Wayne Harper appeals from a final order granting appellees' motion for a new trial. The issue before us is whether the trial judge abused his discretion in so ordering. We hold that the judge did abuse his discretion under the facts of this case and, therefore, reverse the final order and reinstate the jury verdict in favor of appellant Harper.

The record discloses the following facts:

Barry Harper was playing...

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