IN RE ESTATE OF IRVING S. RICHTER, DECEASED

Fla. 3d DCA | 1972-02-29
No. 71-991
Before SWANN, C. J., and PEARSON and BARKDULL, JJ.
258 So. 2d 458 Florida District Court of Appeal, Third District (1972) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

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  • …. In the other cases cited in this court’s second Arab Termite case on the denial of the motion for rehearing, there were clearly distinguishing circumstances presented that are not pertinent to the issue we are now considering. In Lawson v. Swirn, 258 So. 2d 458 (Fla. 1st DCA 1972), a remittitur was not involved. On the contrary, the trial court there set aside a jury verdict for the defendant, directed a verdict for the plaintiff on the issue of liability and granted a new trial on the issue of damages alo…
  • Taylor v. Ganas, 443 So. 2d 251 (Fla. 1st DCA 1983)
    …THOMPSON, Judge, dissenting in part, and concurring in part. I would award a new trial on both the issues of liability and damages. See 1661 Corporation v. Snyder, 267 So. 2d 362 (Fla. 1st DCA 1972); Lawson v. Swirn, 258 So. 2d 458 (Fla. 1st DCA), cert. denied, 263 So. 2d 235 (Fla.1972). I agree to the reinstatement of the verdict on the issue of punitive damages.…
  • Shank v. Konstantinos Ioannis Fassoulas, 304 So. 2d 469 (Fla. 3d DCA 1974)
    …liability. It is our determination that Shank’s liability for negligence was not unequivocally established in the first trial so as to foreclose a new trial on that issue. Remsburg v. Mosley, Fla.1952, 58 So. 2d 432; Lawson v. Swirn, Fla.App.1972, 258 So. 2d 458; 1661 Corporation v. Snyder, Fla.App.1972, 267 So. 2d 362. For the foregoing reasons, the order appealed is affirmed, and the cause is remanded to the trial court for a new trial on all issues. Affirmed. . We note that in their motion for a new t…

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