Shalhub v. Andrews Roofing & Improvement Co.
This text of 530 So. 2d 1052 (Shalhub v. Andrews Roofing & Improvement Co.) 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.
Opinion
The appellant filed a complaint seeking damages for breach of contract in the negligent inspection of a residence the plaintiff was contemplating buying. There was a jury verdict for the plaintiff of $22,577.28. The trial court entered a remittitur down to $5,000. There was no provision for acceptance of the remittitur or a new trial on damages only. The appellant contends, first that the trial court should not have entered a remittitur. We find no error on this point. De la Vallina v. De la Vallina, 90 Fla. 905, 107 So. 339 (1926); Cohen v. Margoa, Inc., 281 So.2d 406 (Fla. 3d DCA 1973); .Section 768.74 Florida Statutes (1987).
The appellant secondly contends that the trial court erred in not giving him the option of accepting the remittitur or having a new trial limited to the issue of damages. We agree. Bom v. Goldstein, 450 So.2d 262 (Fla. 5th DCA 1984); Section 768.74 Florida Statutes (1987). Therefore, this cause is remanded to the trial court to enter an order giving the plaintiff therein a time certain to either accept the remittitur, or have a new trial on the issue of damages only.
Reversed and remanded with directions.
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Cite This Page — Counsel Stack
530 So. 2d 1052, 13 Fla. L. Weekly 2093, 1988 Fla. App. LEXIS 3964, 1988 WL 91185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shalhub-v-andrews-roofing-improvement-co-fladistctapp-1988.