STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. CABOVERDE

No. 3D09-3092.

65 So.3d 46 (2011)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Jose CABOVERDE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 14, 2011.


Attorney(s) appearing for the Case

Cooney Trybus Kwavnick Peets , and Warren B. Kwavnick , Fort Lauderdale, and Mai-Ling E. Castillo , Miami, for appellant.

Eaton & Wolk, and Douglas F. Eaton ; Golden & Rosen, and Judd G. Rosen , for appellee.

Before SALTER and EMAS, JJ., and SCHWARTZ, Senior Judge.


EMAS, J.

State Farm Mutual Automobile Insurance Company ("State Farm") appeals an order granting a new trial, following a jury verdict in favor of State Farm. A trial court's order granting a new trial should not be disturbed except upon a clear showing of abuse of discretion. Brown v. Estate of A.P. Stuckey, 749 So.2d 490 (Fla. 2000).

When a trial judge "concludes that the verdict is against the manifest weight of...

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