C. W. YOUNG, PLAINTIFF IN ERROR,
v.
CHARLOTTE A. TURNER AND EMMONS H. TURNER, WIFE AND HUSBAND, DEFENDANTS IN ERROR
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The Florida Supreme Court conditionally affirmed a lower court judgment, requiring the plaintiffs to accept reduced damages or face a new trial. This decision addresses the excessiveness of the awarded damages.
The court found the awarded damages to be excessive. It held that the judgment would be affirmed if the plaintiffs agreed to a remittitur of $5,000 for Charlotte A. Turner and $3,000 for Emmons H. Turner, reducing the total award.
“if within thirty days after the mandate of this Court is filed in the Circuit Court the Plaintiff Charlotte A. Turner shall enter a remittitur in the sum of $5,000.00 and the Plaintiff Emmons H. Turner shall enter a remittitur in the sum of $3,000.00 then the said judgment of the circuit court shall stand affirmed for the remainder of the amounts awarded in said judgment; otherwise the said judgment shall be reversed for a new trial.”
This quote outlines the conditional affirmance and the alternative of reversal for a new trial.
The case involved a judgment entered by the circuit court in favor of Charlotte A. Turner and Emmons H. Turner. The specifics of the underlying disput…
The full statement of facts, procedural history, and disposition for this case are member content.
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Per Curiam.
This canse having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of council 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 is thereupon ordered by the Court that if within thirty days after the mandate of this Court is filed in the Circuit Court the Plaintiff Charlotte A. Turner shall enter a remittitur in the sum of $5,000.00 and the Plaintiff Emmons H. Turner shall enter a remittitur in the sum of $3,000.00 then the said judgment of the circuit court shall stand affirmed for the remainder of the amounts awarded in said judgment; otherwise the said judgment shall be reversed for a new trial.
Terrell, C. J., Whitfield and Buford, J. J., and Long, Circuit Judge, concur.