Heymann v. Fusco

PEARSON, TILLMAN, Chief Judge

(dissenting).

I must respectfully dissent from the majority opinion because the appellant has failed to demonstrate that the trial judge, who has broad discretion in ruling upon a motion for new trial, has clearly abused that discretion. Cloud v. Fallis, Fla.1959, 110 So.2d 669; Mow v. F. P. Sadowski Corporation, Fla.App. 1960, 122 So.2d 46, 47.