Narrative Opinion Summary
Elena Casines appeals the trial court’s order from May 12, 2010, which granted the defendant’s motion for a new trial. The appellate court notes that the order lacks specific grounds for the new trial. Consequently, jurisdiction is relinquished to the trial court for sixty days to specify the grounds for its decision, as required by Florida Rule of Civil Procedure 1.530(f). Relevant case law supporting this procedural requirement includes Big Lots Stores, Inc. v. Diaz, State Farm Mut. Auto. Ins. Co. v. Brooks, and Daon Corp. v. Blankenstein.
Legal Issues Addressed
Procedural Compliance with Florida Rule of Civil Procedure 1.530(f)subscribe to see similar legal issues
Application: The appellate court enforces procedural compliance by requiring the trial court to provide specific reasons for granting a new trial, referencing relevant case law to support this mandate.
Reasoning: Relevant case law supporting this procedural requirement includes Big Lots Stores, Inc. v. Diaz, State Farm Mut. Auto. Ins. Co. v. Brooks, and Daon Corp. v. Blankenstein.
Requirement for Specific Grounds in New Trial Orderssubscribe to see similar legal issues
Application: The trial court's order granting a new trial must specify the grounds for the decision, failing which the appellate court will relinquish jurisdiction back to the trial court to comply with this requirement.
Reasoning: The appellate court notes that the order lacks specific grounds for the new trial. Consequently, jurisdiction is relinquished to the trial court for sixty days to specify the grounds for its decision, as required by Florida Rule of Civil Procedure 1.530(f).