Bryant v. Walsh

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT WALTER BRYANT, Appellant, v. JOHN WALSH; WILLIAM BALKWILL, Sheriff of Sarasota County; and SARASOTA COUNTY, Appellees. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D03-358 Opinion filed December 31, 2003. Appeal from the Circuit Court for Sarasota County; Nancy K. Donnellan, Judge. Audrey Bear of Law Office of Audrey Bear, P.A., Sarasota, Michele S. Stephan, Venice, and John P. Graves of Law Office of John P. Graves, Jr., Chartered, Sarasota, for Appellant. Jorge L. FernÃ¡ndez, County Attorney, and Milan Brkich, Assistant County Attorney, Sarasota, for Appellees. VILLANTI, Judge. Walter Bryant appeals the trial court's order granting a new trial based on its determination that the verdict entered in Bryant's favor was against the manifest weight of the evidence. The order failed to provide express reasons from the record to support the conclusion that the verdict was against the manifest weight of the evidence. See Wackenhut Corp. v. Canty, 359 So. 2d 430, 434 (Fla. 1978); Hawk v. Seaboard Sys. R.R., 547 So. 2d 669, 671 (Fla. 2d DCA 1989). We conclude that the trial court abused its discretion in determining the verdict was against the manifest weight of the evidence. Accordingly, the order granting new trial is reversed and the cause remanded for reinstatement of the jury's verdict. Reversed and remanded. WHATLEY and WALLACE, JJ., Concur. -2-

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