Smith v. Jackson County

As stated in the Per Curiam Order in this case, the writ of error is to an order granting a new trial upon failure of the plaintiff to enter within ten days a remittitur in the sum of $1,250.00 on a verdict of $2,500.00.

I think the trial court abused judicial discretion in requiring a remittitur for $1,250.00 under the evidence in this case. The rule applicable to the case is stated in The Elks Club of Tampa v. Adair, 95 Fla. 415, 116 So. 26, where we held:

“A careful consideration of the record (which is unnecessarily voluminous, because the testimony appears not in narrative form but in the…