ORANGE BELT AUTO LINE, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, PLAINTIFF IN ERROR,
v.
FREDERICK A. HARFORD, DEFENDANT IN ERROR

Fla. | 1927-08-01
Ellis, C. J., and Whitfield, Strum, Brown and Buford, J. J., concur.
94 Fla. 546 Florida Supreme Court (1927)

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Synopsis

The Florida Supreme Court affirmed a lower court's judgment on the condition that the plaintiff enter a remittitur of $5,000.00; otherwise, the judgment would be reversed.


Holding

The damages awarded were excessive. The judgment is affirmed if a remittitur of $5,000.00 is entered; otherwise, the judgment is reversed.


Key Quotes

“it seems to the Court [*547] that excessive damages are awarded in the said judgment”

The court's finding regarding the damages.

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Facts & Procedural History

The case involved a judgment from the Circuit Court that was appealed to the Florida Supreme Court. The appellate court reviewed the record, briefs, a…

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Opinion of the Court
Per Curiam.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that excessive damages are awarded in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby, affirmed, provided a remittitur of $5,000.00 is entered within thirty days; otherwise, the judgment is reversed. Tampa Elec. Co. v. Gaffga, 81 Fla. 268, 87 South. Rep. 922; 83 Fla. 708.

It is so ordered.

Ellis, C. J., and Whitfield, Strum, Brown and Buford, J. J., concur.


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