Atkin v. Tittle & Tittle

ON MOTION FOR REHEARING AND CLARIFICATION

We deny the motion for rehearing, but grant the motion for clarification withdrawing our prior opinion and substituting the following in its place.

This Court directed the trial court to enter a final judgment in favor of Atkins pursuant to the jury verdict. The trial court did so, but then almost immediately vacated that judgment and granted the defendants a new trial. This was improper. The trial court lacked authority to deviate from our mandate by granting the motion for new trial. See Waltman v. Prime Motor Inns, Inc., 461 So.2d 120 (Fla. 3d DCA),…