COCA-COLA BOTTLING COMPANY AND CONSTITUTION STATE SERVICE COMPANY, APPELLANTS,

v.

MICHAEL PERDUE, APPELLEE

Citator

Cited By

• Waste Mgmt., Inc. v. Mora, 940 So. 2d 1105 (Fla. 2006)
  …mages. The Moras appealed to the Fourth District Court of Appeal the order imposing additur and denying their motion for a new trial. The Fourth District reversed, relying on that Court’s earlier holding in Brant v. Dollar Rent A Car Systems, Inc., 869 So. 2d 767, 769 (Fla. 4th DCA 2004). In Brant, the Fourth District had held that it would be “constitutionally dubious” for the Legislature to grant trial judges the authority to impose additur without the plaintiffs consent and that section 768.043(1) is most…
• Olivas v. Peterson, 969 So. 2d 1138 (Fla. 4th DCA 2007)
  …this issue is not preserved. For preservation purposes, all that should be required is that it is clear on the record that the trial court fixed an additur or remittitur to which the party did not consent. See Brant v. Dollar Rent A Car Sys., Inc., 869 So. 2d 767 (Fla. 4th DCA 2004). In this case, neither Hertz nor Olivas ever agreed with the amount of the remittitur ordered by the trial court. To the contrary, Hertz and Olivas immediately disagreed with the remitted amount and the trial court’s analysis in…
• Mora v. Waste Mgmt., Inc., 911 So. 2d 1251 (Fla. 4th DCA 2005)
  …ng on a new trial on damages. Although counsel for the Moras argued to the contrary, the trial court accepted the defendant’s position. Resolution of this issue is governed by this court’s prior decision in Brant v. Dollar Rent A Car Systems, Inc., 869 So. 2d 767 (Fla. 4th DCA 2004). There, the jury awarded damages for past medical expenses, past lost wages, and future medical expenses, but nothing for past or future pain and suffering. The plaintiff filed a motion for additur or, in the alternative, a new t…

Authorities Cited

• SUN Sentinel & Tribune Co. v. Rhina Petrovich, 744 So. 2d 1056 (Fla. 1st DCA 1999)