City of Tampa v. Hohne

88 So. 480, 81 Fla. 641

Opinion

Per Curiam.

In an action to recover the value of lands appropriated by the city for street purposes, the evidence tends to show a continuing trespass which avoids the operation of the statute of limitations to bar the action; but the amount of damages awarded appears to be excessive in view of the provative force of the testimony; therefore, the judgment is reversed and a new trial granted, unless the plaintiff below enters a remittitur of nine hundred dollars within thirty days after the mandate is filed below, in which case the judgment will stand affirmed for the sum of $1,900.00, and costs in the court below.

It is so ordered.

All concur.