CITY OF JACKSONVILLE, A MUNICIPAL CORPORATION, PLAINTIFF IN ERROR,
v.
ELIZABETH HOLMES AND JOHN M. HOLMES, HER HUSBAND, DEFENDANTS IN ERROR

Fla. | 1930-10-04
Terrell, C. J., and Whitpield, Ellis, Brown and Bupord, J. J., concur., Strum, J., did not participate.
100 Fla. 812 Florida Supreme Court (1930)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court conditionally affirmed a judgment, allowing it to stand if the plaintiff accepted a reduced amount, otherwise ordering a new trial.


Holding

The judgment will be allowed to stand for $750.00 if the plaintiff files a remittitur of $500.00; otherwise, the judgment will be reversed and the case remanded for a new trial.


Key Quotes

“if the plaintiff in the court below will enter a remittitur of $500.00 within fifteen days from the filing of the mandate in the court below, as of the date of the judgment, the remainder of the judgment, to-wit, in the sum of $750.00 will be allowed to stand as of the date thereof.”

The condition under which the judgment would be allowed to stand.

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The plaintiff, City of Jacksonville, obtained a judgment against Elizabeth and John Holmes. The defendants appealed this judgment to the Florida Supre…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Topics

Explore caselaw by topic → Browse Remittitur cases and more on FLexlaw


Opinion of the Court
Per Curiam.

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 is considered, ordered and adjudged by the Court that if the plaintiff in the court below will enter a remittitur of $500.00 within fifteen days from the filing of the mandate in the court below, as of the date of the judgment, the remainder of the judgment, to-wit, in the sum of $750.00 will be allowed to stand as of the date thereof. Otherwise the judgment will be reversed and the cause remanded for a new trial.

Terrell, C. J., and Whitpield, Ellis, Brown and Bupord, J. J., concur.

Strum, J., did not participate.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw