Dent v. Margaret Ann Super Markets

52 So. 2d 130 (1951)

DENT v. MARGARET ANN SUPER MARKETS, Inc.

Supreme Court of Florida, Division B.

April 20, 1951.

Cushman, Woodard & Gotthardt, Miami, for appellant.

Choate & Sinclair, Miami, for appellee.

*131 ROBERTS, Justice.

This is an appeal from an order granting a motion for new trial in a suit filed by appellant against appellee to recover damages for false imprisonment and malicious prosecution, a verdict having been returned in appellant's favor.

This court has many times held that the granting of a new trial rests primarily in the sound legal discretion of the trial court, and that his determination will not be disturbed in the absence of a clear abuse of discretion. See Florida Coastal Theatres, Inc., v. Belflower, 159 Fla. 741, 32 So. 2d 738, and cases therein cited. No such abuse of discretion has been shown; and, accordingly, the order granting a new trial should be and it is hereby

Affirmed.

SEBRING, C.J., and CHAPMAN and ADAMS, JJ., concur.