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FAZIO v. RUSSELL BLDG. MOVERS, INC.

No. 83-1799.

469 So.2d 844 (1985)

Nunzio Michael FAZIO, Appellant, v. RUSSELL BUILDING MOVERS, INC., and Fireman's Fund Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 10, 1985.

Attorney(s) appearing for the Case

High, Stack, Lazenby, Palahach & LaCasa and Philip J. Cole and Robert C. Tilghman, Miami, for appellant.

Corlett, Killian, Hardeman, McIntosh & Levi and Leanne J. Frank, Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and HUBBART, JJ.

PER CURIAM.

We find no merit in any of the contentions raised by plaintiff Nunzio Fazio in this appeal save one, namely, that the trial court, in effect, refused to exercise its discretion when ruling on appellant's motion for new trial. At the hearing on the plaintiff's motion for new trial, the trial court stated:

"THE COURT: You can amend, but I made it a policy that I don't grant new trials unless something brand new has happened since the trial.<...

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