Horner v. Modern Movers, Inc.

District Court of Appeal of Florida

Horner v. Modern Movers, Inc.

274 So. 2d 8, 1973 Fla. App. LEXIS 7119

District Court of Appeal of Florida·Decided February 28, 1973·No. No. 72-744·Published

Opinion

PER CURIAM.

The trial court decision to set aside a jury award of damages returned for plaintiff and re-try the cause upon the issue of damages only is amply supported by the record and the trial court reasoning. Pittman [9]*9v. Smith, Fla.App. 1971, 252 So.2d 279; Martin v. Stone, Fla.1951, 51 So.2d 33. While there is a suggestion that the appealed order is ambiguous as to whether the trial court intended to also re-try the liability issues, we do not so view it and are of the opinion that the order correctly limited itself to a reversal of only the award of damages.

Affirmed.

WALDEN, CROSS and OWEN, JJ., concur.

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PER CURIAM.

The trial court decision to set aside a jury award of damages returned for plaintiff and re-try the cause upon the issue of damages only is amply supported by the record and the trial court reasoning. Pittman [9]*9v. Smith, Fla.App. 1971, 252 So.2d 279; Martin v. Stone, Fla.1951, 51 So.2d 33. While there is a suggestion that the appealed order is ambiguous as to whether the trial court intended to also re-try the liability issues, we do not so view it and are of the opinion that the order correctly limited itself to a reversal of only the award of damages.

Affirmed.

WALDEN, CROSS and OWEN, JJ., concur.

Horner v. Modern Movers, Inc., 274 So. 2d 8, 1973 Fla. App. LEXIS 7119 (Fla. Ct. App. 1973).

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Opinion

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