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Solomon v. Seymour

Citations: 702 So. 2d 1304; 1997 Fla. App. LEXIS 12276; 1997 WL 698177Docket: No. 97-840

Court: District Court of Appeal of Florida; November 4, 1997; Florida; State Appellate Court

Narrative Opinion Summary

Upon remand from the issuance of a writ of certiorari in *Seymour v. Solomon*, the trial court denied the plaintiffs' motion for a new trial. The court mistakenly believed it was required to deny the motion based on *Seymour*, failing to recognize that the mandate did not prevent consideration of the remaining grounds for the new trial. However, an examination of those grounds did not reveal any substantial rights violations that would indicate the plaintiffs were deprived of a fair trial, referencing *Hagan v. Sun Bank of Mid-Florida N.A.*. The trial court's discretion in ruling on new trial motions is acknowledged, but it diminishes when the motion revolves around a legal question, as such errors can be effectively reviewed on appeal. Consequently, there was no reversible error in denying the new trial motion, leading to an affirmation of the judgment.

Legal Issues Addressed

Affirmation of Judgment

Application: The appellate court affirmed the trial court's denial of the motion for a new trial due to the absence of reversible error.

Reasoning: Consequently, there was no reversible error in denying the new trial motion, leading to an affirmation of the judgment.

Mandate on Remand

Application: The trial court misinterpreted the remand mandate from the higher court's decision, believing it was compelled to deny the new trial motion without considering additional grounds.

Reasoning: The court mistakenly believed it was required to deny the motion based on *Seymour*, failing to recognize that the mandate did not prevent consideration of the remaining grounds for the new trial.

Review of Substantial Rights Violations

Application: The court examined the grounds for the new trial and found no substantial rights violations that would warrant a new trial, thus upholding the trial's fairness.

Reasoning: However, an examination of those grounds did not reveal any substantial rights violations that would indicate the plaintiffs were deprived of a fair trial, referencing *Hagan v. Sun Bank of Mid-Florida N.A.*.

Trial Court's Discretion on New Trial Motions

Application: While trial courts have broad discretion in ruling on motions for a new trial, this discretion is limited when the motion involves questions of law.

Reasoning: The trial court's discretion in ruling on new trial motions is acknowledged, but it diminishes when the motion revolves around a legal question, as such errors can be effectively reviewed on appeal.