Florida East Coast Railway Co. v. Ruckles

Citations

• 83 Fla. 599

Syllabus

<p>1. The practice, where a jury awards excessive damages, is for the plaintiff to enter a remittitur for the excess. This is a voluntary act on the part of the plaintiff, and although the judge stated at the time, that unless the plaintiff entered the remittitur he would set .the verdict aside and grant a new trial, the plaintiff is estopped from saying that it was entered under compulsion. Pensacola Gas Co. v, Pebley, 25 Fla. 381, 5 South. Rep. 593.</p> <p>2. Where, upon motion by defendant for a new trial, an .order is entered by the trial court, the effect of which is to grant the motion unless within a stipulated time .plaintiff remits a portion of the amount recovered, and plaintiff, in compliance with the terms of the order, formally enters a remittitur damnum for the amount indicated and takes judgment for the remainder of the amount recovered, he is estopped to assert and assign error in the order.</p>