AAXICO SEMINOLE, INC., A FLORIDA CORPORATION, APPELLANT,
v.
ZAMBRANA AIRMOTIVE CORPORATION, A FLORIDA CORPORATION, APPELLEE
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The appellate court reviewed a jury verdict awarding broker commissions. It found insufficient evidence to support the full amount awarded and ordered a remittitur, otherwise reversing the judgment.
No, there was insufficient competent evidence to support a jury verdict in excess of $5,477.60.
“A review of the evidence in its entirety fails to reveal any sufficient competent evidence to support a jury verdict in excess of $5,477.60.”
Establishes the court's finding regarding the sufficiency of evidence for the jury's award.
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Join FLexlaw to unlock all legal intelligenceZambrana Airmotive Corporation sued Aaxico Seminole, Inc. for broker commissions allegedly due under an oral agreement. A jury returned a verdict for …
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By this appeal we are called upon to review the correctness of a final judgment rendered on a jury verdict in the sum of $9,000.00, in a suit by a broker for commissions allegedly due under an oral agreement.
A review of the evidence in its entirety fails to reveal any sufficient competent evidence to support a jury verdict in excess of $5,477.60. It is, therefore, the judgment of the court that unless the plaintiff, within 30 days after the mandate from this court is filed in the circuit court, enter a remit-titur reducing the judgment to the sum of $5,477.60 as of its date of entry, the judgment will stand reversed for a new trial. If such remittitur is entered, the judgment as modified will stand affirmed. Ryan v. Noble, 95 Fla. 830, 116 So. 766; B.L.E. Realty Corporation v. Parker, 102 Fla. 298, 135 So. 811; Miami Transit Company v. Ross, 106 Fla. 298, 143 So. 234; Renuart Lumber Yards v. Levine, Fla.1950, 49 So.2d 97; § 59.34, Fla.Stat., F.S.A.; 2 Fla.Jur., Appeals, §§ 352, 353.
Affirmed as modified, with directions.
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Authorities Cited
- Ryan v. Roscoe Noble, 95 Fla. 830 (Fla. 1928)
- Renuart Lumber Yards v. Levine, 49 So. 2d 97 (Fla. 1950)
- B. L. E. Realty Corp. v. Parker, 102 Fla. 298 (Fla. 1931)
- Miami Transit Co. v. Ross, 106 Fla. 298 (Fla. 1932)