Roma Construction Co. v. Goodman

ON APPELLEE’S MOTION FOR REHEARING OR CLARIFICATION

Our December 19, 1989, opinion in this case is not a retreat from the holding in Goodman v. Roma Constr. Co., Inc., 537 So.2d 597 (Fla. 3d DCA 1988), rev. denied, 544 So.2d 200 (Fla.1989), which reversed and remanded for a “new trial on damages.” That holding is the unambiguous law of the case.

The basis for the opinion on the petition for certiorari in this post-mandate review was to make clear that the jury, at the new trial, may consider evidence of a pre-exist-ing condition in determining the amount of damages to be assessed against the…