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RIVERA v. WHITE

No. 79-1849.

386 So.2d 1233 (1980)

Victor Manuel RIVERA, Gator Freightways and Transport Insurance Company, Appellants, v. Marilyn WHITE and John White, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 10, 1980.

Attorney(s) appearing for the Case

Marlow, Shofi, Ortmeyer, Smith, Connell & Valerius and Joseph H. Lowe, Miami, for appellants.

Franklin, Entin, Kimler & Marks, North Miami Beach, Vogler & Postman, Miami, for appellees.

Before HENDRY, HUBBART and DANIEL S. PEARSON, JJ.

PER CURIAM.

The order granting a new trial, which is under review by this appeal, is affirmed upon a holding that: (a) the trial court did not act unreasonably or arbitrarily and, therefore, did not abuse its discretion in granting a new trial herein based on the rule stated in Cloud v. Fallis, 110 So.2d 669 (Fla. 1959), because on this record it was entitled, although not compelled, to conclude, as it did, from its uniquely...

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