Legal Opinion

Collins v. Douglass

District Court of Appeal of Florida

Decided April 14, 2004No. Nos. 4D02-3137, 4D02-3223PublishedCited by 3 opinions

1Per curiam

This appeal and cross-appeal raise two significant questions. First, once a trial court denies a motion for new trial, does the court thereafter have the authority to sua sponte rehear the matter? Second, was a new trial warranted in this case on the ground that the future pain and suffering damages award was inadequate? We answer both questions in the negative and direct the trial court to reinstate the jury verdict and its initial order denying the motions for new trial or additur.

This appeal stems from a wrongful death suit where eleven-year-old Ian Douglass died in an automobile accident.…

2Cases cited5 opinions

  1. Brown v. Estate of StuckeySupreme Court of Florida · 1999
  2. Hendry v. ZelayaDistrict Court of Appeal of Florida · 2003
  3. State Farm Mut. Auto. Ins. Co. v. MillerDistrict Court of Appeal of Florida · 1997
  4. Abram v. WolickiDistrict Court of Appeal of Florida · 2003
  5. ACA Brandon, Inc. v. HooymanDistrict Court of Appeal of Florida · 2002

3Cited by3 opinions

  1. Kevan Boyles v. A&G Concrete Pools Inc.District Court of Appeal of Florida · 2014
  2. Francisco Negron, Petita Negron, Cindy Negron, and Shirley Negron v. Nellie Hessing and George Hessing, her husbandDistrict Court of Appeal of Florida · 2016
  3. Kevan Boyles v. A&G Concrete Pools Inc.District Court of Appeal of Florida · 2014

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