MUSSELWHITE v. CHARBONEAU

No. 97-238.

709 So.2d 199 (1998)

H.S. MUSSELWHITE, Jr., Appellant/Cross-Appellee, v. Brian L. CHARBONEAU, and Kathleen E. Charboneau, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

May 8, 1998.


Attorney(s) appearing for the Case

James Edward Cheek, III, of Winderweedle, Haines, Ward & Woodman, P.A., Orlando, for Appellant/Cross-Appellee.

Richard A. Kupfer, of Richard A. Kupfer, P.A., West Palm Beach, for Appellees/Cross-Appellants.


GRIFFIN, Chief Judge.

Appellant appeals following the entry of an order granting a rehearing in a civil non-jury case. The rehearing order allows for the reopening of the case to take evidence on one of two claims tried to the court. We deem the order to be the equivalent of an order granting new trial. Under the circumstances, we find no abuse of discretion in the lower court's decision to allow additional testimony in support of the specific performance claim. We...

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