ROBERT MILLER WOLFF, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Whereas, the judgment of-this court was entered on February 12, 1974 (291 So. 2d 15) reversing the judgment and sentence of the Circuit Court for Monroe County, Florida, in the above styled cause; and
Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed February 26, 1975 (310 So. 2d 729) and mandate now lodged in this court, quashed this court’s judgment and remanded the cause for further proceedings.
Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on March 26, 1974 is withdrawn, the judgment of this court heretofore filed in this cause on February 12, 1974 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion of this court, and the judgment and sentence of the trial court here appealed is affirmed. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, F.A.R.).
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Aronson v. Siquier, 318 So. 2d 452 (Fla. 3d DCA 1975)…So. 2d 611; Cohen v. Margoa, Inc., Fla.App.1973, 281 So. 2d 406; Friddle v. Seaboard Coast Line Railroad Company, Fla.1974, 306 So. 2d 97 (in which the Supreme Court directed a remittitur and its amount) ; and Montenegro v. Rainwater, Fla.App.1975, 314 So. 2d 191 (opinion filed June 17, 1975). Moreover, when a trial judge concludes that a verdict is against the manifest weight of the evidence, or the amount thereof is excessive such as to shock the judicial conscience, it is the duty of the court to grant su…
Authorities Cited
- State v. Wolff, 310 So. 2d 729 (Fla. 1975)
- Wolff v. State, 291 So. 2d 15 (Fla. 3d DCA 1974)