NITA MATHIS, APPELLANT,
v.
J. TURNER BUTLER AND WILLIAM A. HALLOWES, III, AS TRUSTEES OF THE PROPERTY OF THE FLORIDA EAST COAST RAILWAY, A FLORIDA CORPORATION, APPELLEES
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The trial court erred in entertaining a petition for rehearing in an action at law, as such petitions are not authorized by the Florida Rules of Civil Procedure for law actions.
Plaintiff obtained a jury verdict for wrongful death. The trial court initially ordered a remittitur, which the plaintiff accepted. However, after the…
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The appellant, plaintiff below, brought a wrongful death action against the defendant railroad for the death of her husband. After trial by jury, verdict was returned for the plaintiff in the sum of $15,000. Defendants moved for new trial and the Trial Court entered a remittitur of $5,000 or alternatively granted a new trial. Plaintiff accepted the remittitur but defendant then petitioned for rehearing. At hearing on defendant’s petition the Trial Court set aside its original remittitur and ordered a remittitur of $10,000 or alternatively a new trial. Plaintiff refused to accept this re-mittitur and brings this appeal.
There is no provision in the 1954 Florida Rules of Civil Procedure authorizing petitions for rehearing in actions at law. Section 3.16 of these Rules is applicable to suits in equity only and the Trial Judge did not have jurisdiction to entertain such proceeding after hearing and adjudicating the Motion for New Trial.
The Authors’ Comment appended to this section of the Rule appears in Vol. 31 F.S. A., viz.:
“This rule should be compared with Rule 2.8 on motions for new trial since it serves the same purpose in equity. For consistency with the rest of the rules the ‘petition’ should probably have been called a motion to be called up for disposal on notice.”
The other assignments have been considered and found to be without merit.
This cause is remanded to the Circuit Court with directions to reinstate the order granting the first remittitur.
Reversed and remanded.
KANNER, Acting Chief Judge, and SHANNON, J., concur.
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Wagner v. Bieley, 263 So. 2d 1 (Fla. 1972)…ts with Opinion. . For other situations involving unauthorized postjudgment motions and their effect on timeliness of appeals, see In re Estate of Lee, 90 So. 2d 290 (Fla.1956); Marans v. Stang, 124 So. 2d 891 (Fla.App.3rd, 1960); Mathis v. Butler, 128 So. 2d 142 (Fla.App.2d 1961); and Pitts v. State, 225 So. 2d 352 (Fla.App.1st, 1969).…
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Volumes IN Value, Inc. v. BUY Mail Int'l, Inc., 177 So. 2d 511 (Fla. 3d DCA 1965)…no alternative but that of reversing the order appealed with directions to reinstate the judgment entered on the jury verdict. Reversed with directions. . Lee v. Elliot, Fla.App.1963, 155 So. 2d 169 at 170; see also Mathes v. Butler, Fla.App.1961, 128 So. 2d 142.…
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DePADRO v. Moore, 215 So. 2d 27 (Fla. 4th DCA 1968)…and thereafter enters its order denying such motion, the court has no authority to entertain or consider a subsequently filed motion or petition for rehearing which merely asks the court to reconsider the same matter. Mathis v. Butler, Fla.App.1961, 128 So. 2d 142; Lee v. Elliott, Fla.App.1963, 155 So. 2d 169; Volumes in Value, Inc. v. Buy Mail International, Inc., Fla.App.1965, 177 So. 2d 511. In the instant case, however, the record adequately establishes that the order denying plaintiffs’ motion for new tr…
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