TAMPA ELECTRIC COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
CLAUDE WILLIAMS, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a judgment on the condition that the plaintiff accept a reduced damages award, otherwise, the judgment would be reversed for a new trial due to excessive damages.
The court found the damages award to be excessive. The judgment will stand affirmed if the plaintiff accepts a remittitur of $2250.00, reducing the award to $3500.00; otherwise, the judgment will be reversed for a new trial.
“if the plaintiff below enter a remittitur of $2250.00, the said judgment will stand affirmed for $3500.00 damages, otherwise the judgment will stand reversed for a new trial.”
The court's conditional holding regarding the excessive damages.
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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 there is no error in the said judgment; other than that the award of damages is excessive; it is, therefore, considered, ordered and adjudged by the Court that if the plaintiff below enter a remittitur of $2250.00, the said judgment will stand affirmed for $3500.00 damages, otherwise the judgment will stand reversed for a new trial. See Woolworth Company v. McLeod, filed April 16, 1929.
It is so ordered.
Terrell, C. J., and Whitfield, Ellis, Strum, Brown and Buford, J. J., concur.