VAN v. SCHMIDT

No. SC11-1467.

122 So.3d 243 (2013)

Charles VAN, Sr., et ux., Petitioners, v. Daniel SCHMIDT, Respondent.

Supreme Court of Florida.

September 4, 2013.


Attorney(s) appearing for the Case

T. Bradley McRae of McRae & McRae, Lake City, FL; and Edwin B. Browning, Jr. and George T. Reeves of Davis, Schnitker, Reeves & Browning, P.A., Madison, FL, for Petitioners.

Richard A. Sherman, Sr. and James W. Sherman of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, FL; and Sonya Wesner of Law Offices of Patricia E. Garagozlo, Jacksonville, FL, for Respondent.


PARIENTE, J.

This case concerns the proper standard of review and the appropriate remedy when an appellate court reviews a trial court's order granting a new trial on the ground that the jury verdict was contrary to the manifest weight of the evidence, where the trial court's order was premised, at least in part, on an error of law. In this case, the trial court granted the plaintiffs' motion for a new trial based on the manifest weight of the evidence. The trial...

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