41 Fla. L. Weekly D1744a
A. Judicial Discretion to Grant a New Trial The standard to be applied by the trial court when considering granting a new trial, and the appellate standard of review, were described in great detail in Brown v. Estate of Stuckey, 749 So. 2d 490 (Fla. 1999). A trial court may order a new trial when the verdict is “against the manifest weight of the evidence.” Id. at 498. In reviewing the decision to grant a new trial, this Court “must recognize the broad discretionary authority of the trial judge and apply the reasonableness test to determine whether the trial judge committed an abuse of discretion.” Id. at 497-98. If we determine “that reasonable persons could differ as to the propriety of the action taken by the trial court, there can be no finding of an abuse of discretion.” Id. at 498.