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Cruz v. Beckham

District Court of Appeal of Florida, Third District
Nov 13, 1972
267 So. 2d 853 (Fla. Dist. Ct. App. 1972)

Opinion

No. 72-271.

October 17, 1972. Rehearing Denied November 13, 1972.

Appeal from the Circuit Court, Dade County, Francis J. Christie, J.

Sherouse Virgin and Chester E. Whittle, Jr., Miami, for appellant.

Gene Flinn, Miami, for appellee.

Before BARKDULL, C.J., and CHARLES CARROLL and HAVERFIELD, JJ.


By this proceeding, the appellant [who was the defendant in the trial court] seeks review of an order granting the appellee [the plaintiff in the trial court] a new trial.

Subsequent to a jury verdict in favor of the defendant in the trial court proceeding, apparently a motion for new trial with attachments was presented to the trial judge who entered the order under review, finding that the plaintiff "did not receive a fair trial". We are called upon to review the propriety of this order without the benefit of the motion for new trial, affidavit and other matters recited by the trial judge to have been presented to him at the time he made the ruling. We therefore do not have a sufficient record to determine on what the trial judge based his order granting a new trial and, therefore, we are required to affirm same. Carroll v. Allen, Fla.App. 1969, 219 So.2d 69; Royal Flair, Inc. v. Cape Coral Bank, Fla.App. 1971, 251 So.2d 895; Latin American Benefit Center, Inc. v. Johstoneaux, Fla.App. 1972, 257 So.2d 86.

Affirmed.


Summaries of

Cruz v. Beckham

District Court of Appeal of Florida, Third District
Nov 13, 1972
267 So. 2d 853 (Fla. Dist. Ct. App. 1972)
Case details for

Cruz v. Beckham

Case Details

Full title:ABELARDO CRUZ, APPELLANT, v. LIZZIE GRIFFIN BECKHAM, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 13, 1972

Citations

267 So. 2d 853 (Fla. Dist. Ct. App. 1972)

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