FLORIDA APPEALS JOURNAL™ JOURNAL ENTRY 34.2024 Recorded on February 22, 2024
#floridaappealsjournal #appeals #floridacivilappeals #remittitur #additur #seventh juror
In this episode, Jennifer Carroll discusses the ramifications of remittitur and additur processes with regard to establishing damages in a civil case.
Quite simply, if one party in a civil case believes the damages awarded in a jury trial are excessive, they can move for remittitur to seek to reduce the amount. An additur is the other side of the same coin so to speak. If the side awarded damages believes them to be too little, they can move for a additur to seek to increase the amount.
The question arises whether a judge can change the jury verdict, under what circumstances, and there is case law that addresses this issue.
Jennifer Carroll also covers how to preserve a decision in the trial record for possible further action later.
CITATIONS
1 §768.74, Fla. Stat.
2 §768.043, Fla. Stat.
3 Fla. R. Civ. P. 1.530(h)(1).
4 Orlando Executive Park, Inc. v. Robbins, 402 So.2d 442 (Fla. 5th DCA 1981).
5 Arnold v. Security Nat. Ins. Co., 174 So.3d 1082 (Fla. 4th DCA 2015).
6 Adams v. Wright, 403 So.2d 391 (Fla. 1981).
7 J.L. Prop. Owners Ass’n, Inc. v. Schnurr, 336 So.3d 291 (Fla. 4th DCA 2022).
8 Olivas v. Peterson, 969 So.2d 1138 (Fla. 4th DCA 2007).
9 Miami-Dade County v. Berastain, 2023 WL 8609234 (Fla. 3d DCA Dec. 13, 2023).
For educational purposes only. Not intended to be used as legal advice.
PLEASE SEND ALL INQUIRIES TO jcarroll@jscappeal.com
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Music by Kevin MacLeod
Werq Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
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The Law Offices of Jennifer S. Carroll, P.A. is dedicated to advocating and protecting clients’ rights in state and federal appeals, post-trial proceedings, as well as pretrial and trial proceedings that involve resolution of significant legal issues. The firm’s mandate is to provide such representation at the highest quality for all clients. By the time a case reaches our firm, it is complicated. It either started that way, or it became difficult as a result of errors which occurred in the trial court proceedings. Our goal is to simplify these difficult cases and resolve them in the best interests of all clients.
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