Hassie Duran Howell v. Marmpegaso Compania Naviera, S.A. And A.B.C. Company, J. P. Florio & Co., Inc., Third-Party

BY THE COURT:

Plaintiff Howell seeks an order dismissing the appeal of third-party defendant J. P. Florio & Co., Inc., contending, inter alia, that notice of appeal was not timely filed. Finding no merit in Howell’s contentions, we deny the motion.

This is Florio’s second appeal in this case. In his original appeal, this Court found the $150,000 jury award excessive and directed the district court to require a remittitur to the outer limits of the proof or, at the option of plaintiff Howell, to grant a new trial. Howell v. Marmpegaso Compania Naviera, S.A., 536 F.2d 1032 (5th Cir. 1976).…