Materials of Miami, Inc. v. Matthews

PEARSON, Chief Judge.

The appellants were the plaintiffs in the trial court. They appeal from an order granting a new trial upon the issue of damages only. The trial judge set forth the grounds for the new trial as “the Court is on the opinion that the verdict of the jury was so grossly excessive as to shock the judicial conscience of the Court and could be based only on conjecture and guesswork.” Appellant seeks the reinstatement of the jury verdict upon three points: (1) the record does not support the court’s finding that the judgment is excessive; (2) the record does not support the…