Volusia Fern Co. v. Cox

ORFINGER, Judge.

Appellant contends that the trial court erred in dismissing a betterment petition as filed too late.1 We agree and reverse.

Appellees were plaintiffs in an action for ejectment and damages. Following entry of judgment in their favor, appellees filed a timely motion for new trial on damages claiming that they were entitled to more than the nominal damages awarded by the jury.

The trial court granted the motion and entered an order awarding appellee a new trial on the issue of damages. On the same day, it entered an amended final judgment which, like the original final judgment,…