Wal-Mart Stores, Inc. v. Bufalo

District Court of Appeal of Florida

Wal-Mart Stores, Inc. v. Bufalo

909 So. 2d 464, 2005 Fla. App. LEXIS 13302, 2005 WL 2016829

CourtDistrict Court of Appeal of Florida

DecidedAugust 24, 2005

DocketNo. 4D04-4580

StatusPublished

This text of 909 So. 2d 464 (Wal-Mart Stores, Inc. v. Bufalo) 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.

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Wal-Mart Stores, Inc. v. Bufalo, 909 So. 2d 464, 2005 Fla. App. LEXIS 13302, 2005 WL 2016829 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

As the appellee concedes, the lower court erred when it granted a new trial on damages alone, in this slip-and-fall case, without first granting a motion for additur. See Waxman v. Truman, 792 So.2d 657 (Fla. 4th DCA 2001); § 768.74, Fla. Stat. (2004). Before a new trial on damages can be awarded, section 768.74, Florida Statutes, requires the trial court to “review the amount of such award to determine if such amount is excessive or inadequate” and if so, the court “shall order a remittitur or additur, as the case may be.” § 768.74(1), (2), Fla. Stat. In the instant case, the trial court denied a motion for additur but granted a motion for new trial on damages alone. This was error.

We reverse the order granting the new trial on damages alone and remand for further proceedings.

Reversed and Remanded.

GUNTHER, WARNER and TAYLOR, JJ., concur.

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PER CURIAM.

As the appellee concedes, the lower court erred when it granted a new trial on damages alone, in this slip-and-fall case, without first granting a motion for additur. See Waxman v. Truman, 792 So.2d 657 (Fla. 4th DCA 2001); § 768.74, Fla. Stat. (2004). Before a new trial on damages can be awarded, section 768.74, Florida Statutes, requires the trial court to “review the amount of such award to determine if such amount is excessive or inadequate” and if so, the court “shall order a remittitur or additur, as the case may be.” § 768.74(1), (2), Fla. Stat. In the instant case, the trial court denied a motion for additur but granted a motion for new trial on damages alone. This was error.

We reverse the order granting the new trial on damages alone and remand for further proceedings.

Reversed and Remanded.

GUNTHER, WARNER and TAYLOR, JJ., concur.

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909 So. 2d 464, 2005 Fla. App. LEXIS 13302, 2005 WL 2016829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wal-mart-stores-inc-v-bufalo-fladistctapp-2005.

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