Stager v. Florida East Coast Railway Co.

HENDRY, Chief Judge.

This is an interlocutory appeal by plaintiff from an order entered after final judgment pursuant to Rule 4.2, subd. a Florida Appellate Rules, 31 F.S.A.

On April 29, 1963, the plaintiff, Earl L. Stager, obtained a judgment in the amount of $15,000.00 against the defendant, Florida East Coast Railway Company. Plaintiff believed the verdict to be inadequate and appealed the same to this court. The judgment was affirmed on April 7, 1964, and a petition for rehearing was denied on May 6, 1964.1 On May 20, 1964, the defendant tendered a draft in the amount of the principal sum,…