WINN DIXIE STORES, INC. v. HARRIS

No. 96-0579.

689 So.2d 451 (1997)

WINN DIXIE STORES, INC., a Florida corporation, Appellant/Cross-Appellee, v. Jack P. HARRIS, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

March 19, 1997.


Attorney(s) appearing for the Case

Richard H. Gaunt, Jr. of Gaunt, Pratt, Radford & Methe, P.A., West Palm Beach, for appellant/cross-appellee.

James M. Tuthill of the Law Offices of James M. Tuthill, West Palm Beach, for appellee/cross-appellant.


FARMER, Judge.

This appeal is from an order granting a motion for new trial and directing a verdict in favor of the plaintiff, after a jury verdict determined that there was no liability on behalf of the defendant in this personal injury case.

We affirm the order granting a new trial, since in reviewing this type of discretionary act the appellate court should apply the reasonableness test to determine whether the trial judge abused its discretion. We reverse...

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