Arnau v. First National Bank

Citations

• 36 Fla. 395

Syllabus

<p>APPELLATE PRACTICE — ORDERING REMITTITUR.</p> <p>Where the appellate court has passed fully upon all the questions-, presented to it in a cause upon appeal, and finds no error in any point submitted a.nd called to its attention, and affirms the-judgment appealed from; and, subsequently to its decision, in an application for a rehearing, it is then, for the first time, called to its attention that the judgment appealed from and affirmed is excessive in amount, it will refuse the application for rehearing: but where the excessiveness of the judgment is-patent, it will modify its judgment of affirmance by ordering, a remittitur of the excess.</p>