Judges: PER CURIAM:
Attorneys: J.W. Watson, Jr., and Murrell Malone, for appellant.
A.C. Franks and H.H. Eyles, for appellee.
Filed: Nov. 17, 1942
Latest Update: Mar. 02, 2020
Summary: This case was before this Court once before. See Thigpen v. City of Miami, 148 Fla. 304 , 4 So. 2d 365 . There we reversed a judgment, directed for defendant at the close of plaintiff's case. The case came on for trial again and a verdict was returned by the jury in the amount of $12,500.00. The trial court denied a new trial on condition of plaintiff's entering a remittitur of $2500.00. The remittitur was made and judgment was entered for $10,000.00. One of the defendant's pleas was based on th
Summary: This case was before this Court once before. See Thigpen v. City of Miami, 148 Fla. 304 , 4 So. 2d 365 . There we reversed a judgment, directed for defendant at the close of plaintiff's case. The case came on for trial again and a verdict was returned by the jury in the amount of $12,500.00. The trial court denied a new trial on condition of plaintiff's entering a remittitur of $2500.00. The remittitur was made and judgment was entered for $10,000.00. One of the defendant's pleas was based on the..
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Upon further consideration of this cause on petition for rehearing the majority of the Court are of the opinion that the judgment should be affirmed if the plaintiff shall within fifteen days of going down of the mandate enter such remittitur as to allow the judgment to stand for $8,000.00 as of the date thereof, otherwise the judgment will stand reversed for new trial.
So ordered.
BROWN, C. J., WHITFIELD, TERRELL and BUFORD, JJ., concur.
CHAPMAN and ADAMS, JJ., dissent.
THOMAS, J., not participating.
