Jacksonville Traction Co. v. Seelbach

This is the second appearance of this case in this Court. See 106 Fla. 72, 141 Sou. 892. The case was affirmed on its former appearance here upon condition of remittitur.

It is contended that the condition of affirmance was equivalent to a holding by this Court that the plaintiff could not recover more than $500.00. This position is not well taken. When a case is' affirmed on condition that a remittitur be entered it simply means that the plaintiff may accept that condition or not, as the plaintiff is advised, and if the plaintiff declines to enter a remittitur the case then stands reversed…