CITY OF HIALEAH, A FLORIDA MUNICIPAL CORPORATION, APPELLANT,
v.
HENRY CRESPO AND ANDREA CRESPO, APPELLEES
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The court affirmed the trial court's order granting a new trial on liability for negligent retention, and affirmed the decision that damages need not be retried.
Plaintiff sued defendant for negligent retention in her consortium claim. The trial court granted a new trial on liability but not damages.…
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PER CURIAM.
We affirm the trial court’s order granting appellee, Andrea Crespo, a new trial to determine liability on the cause of action for negligent retention in her consortium claim.1 Because the new evidence only concerns liability, the trial court correctly determined that the previously determined damages need not be retried. See Griefer v. DiPietro, 625 So. 2d 1226 (Fla. 4th DCA 1993).
The appellee has timely filed a motion for appellate legal fees. This court grants the motion contingent upon the appellee prevailing below, leaving the determination of the amount to the trial court, as is authorized by Florida Rule of Appellate Procedure 9.400(b). Accordingly, we remand the assessment of appellate attorney’s fees to the trial court to determine upon conclusion of the trial below.
Affirmed and remanded.
. We are confident that the trial court’s comments regarding a predetermined course of action during a new trial were purely unintentional. The trial court will most assuredly keep an open mind throughout the new trial.