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CELENTANO v. BANKER

No. 96-2834.

728 So.2d 244 (1998)

Jodi M. CELENTANO and John Celentano, Appellants, v. Alice BANKER, Appellee.

District Court of Appeal of Florida, Fourth District.

As Modified on Motion for Clarification December 2, 1998.

Attorney(s) appearing for the Case

Adolfo Podrecca of Fazio, Dawson, DiSalvo, Cannon, Abers & Podrecca, Ft. Lauderdale, for appellants.

Bradley E. Lolus of Bradley E. Lolus, P.A., Lauderhill, for appellee.

STONE, Chief Judge.

We reverse an order granting a new trial. Trial courts lack discretion to grant a motion for new trial, even where based on circumstances tainted by misconduct, for unpreserved error that is not fundamental error. Goutis v. Express Transp., Inc., 699 So.2d 757 (Fla. 4th DCA 1997) (unpreserved error must amount to fundamental error to warrant a new trial); Hagan v. Sun Bank of Mid-Florida, N.A.,...

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