AAXICO Seminole, Inc. v. Zambrana Airmotive Corp.

District Court of Appeal of Florida

AAXICO Seminole, Inc. v. Zambrana Airmotive Corp.

213 So. 2d 895

CourtDistrict Court of Appeal of Florida

DecidedSeptember 17, 1968

DocketNo. 68-1

StatusPublished

This text of 213 So. 2d 895 (AAXICO Seminole, Inc. v. Zambrana Airmotive Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

AAXICO Seminole, Inc. v. Zambrana Airmotive Corp., 213 So. 2d 895 (Fla. Ct. App. 1968).

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Opinion

PER CURIAM.

By this appeal we are called upon to review the correctness of a final judgment rendered on a jury verdict in the sum of $9,000.00, in a suit by a broker for commissions allegedly due under an oral agreement.

A review of the evidence in its entirety fails to reveal any sufficient competent evidence to support a jury verdict in excess of $5,477.60. It is, therefore, the judgment of the court that unless the plaintiff, within 30 days after the mandate from this court is filed in the circuit court, enter a remit-titur reducing the judgment to the sum of $5,477.60 as of its date of entry, the judgment will stand reversed for a new trial. If such remittitur is entered, the judgment as modified will stand affirmed. Ryan v. Noble, 95 Fla. 830, 116 So. 766; B.L.E. Realty Corporation v. Parker, 102 Fla. 298, 135 So. 811; Miami Transit Company v. Ross, 106 Fla. 298, 143 So. 234; Renuart Lumber Yards v. Levine, Fla.1950, 49 So.2d 97; § 59.34, Fla.Stat., F.S.A.; 2 Fla.Jur., Appeals, §§ 352, 353.

Affirmed as modified, with directions.

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PER CURIAM.

By this appeal we are called upon to review the correctness of a final judgment rendered on a jury verdict in the sum of $9,000.00, in a suit by a broker for commissions allegedly due under an oral agreement.

A review of the evidence in its entirety fails to reveal any sufficient competent evidence to support a jury verdict in excess of $5,477.60. It is, therefore, the judgment of the court that unless the plaintiff, within 30 days after the mandate from this court is filed in the circuit court, enter a remit-titur reducing the judgment to the sum of $5,477.60 as of its date of entry, the judgment will stand reversed for a new trial. If such remittitur is entered, the judgment as modified will stand affirmed. Ryan v. Noble, 95 Fla. 830, 116 So. 766; B.L.E. Realty Corporation v. Parker, 102 Fla. 298, 135 So. 811; Miami Transit Company v. Ross, 106 Fla. 298, 143 So. 234; Renuart Lumber Yards v. Levine, Fla.1950, 49 So.2d 97; § 59.34, Fla.Stat., F.S.A.; 2 Fla.Jur., Appeals, §§ 352, 353.

Affirmed as modified, with directions.

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213 So. 2d 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aaxico-seminole-inc-v-zambrana-airmotive-corp-fladistctapp-1968.

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