1 – Elements and Case Citations
To succeed on a motion for new trial, the moving party must establish that the court has made reversible error that prejudiced the movant. “Reversible error occurs when an instruction is not only an erroneous or incomplete statement of the law, but is also confusing or misleading.” Gross v. Lyons, 721 So.2d 304, 306 (Fla. 4th DCA 1998). Additionally, the prejudice from the trial must be of a significant enough nature that it could “compromise the fairness of the proceedings such that a new trial would be required.” Gutierrez v. Vargas, 239 So.3d 615, 629 (Fla. 2018).
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- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.