Atkin v. Tittle Tittle

Full title: DEAN ATKIN and JANET ATKIN, his wife, Appellants v. TITTLE and TITTLE, a…

Court: District Court of Appeal of Florida, Third District

Date published: Jun 14, 2000

Nos. 3D99-2647, 3D99-2264 (Fla. Dist. Ct. App. Jun. 14, 2000)

Opinion

Nos. 3D99-2647, 3D99-2264.

Opinion filed June 14, 2000.

An Appeal from the Circuit Court for Monroe County, Raymond J. Hare, and Frederick A. DeFuria, Judges, L.T. No. 93-20652.

Kopplow Flynn; Cooper Wolfe, and Marc Cooper,and Maureen E. Lefebvre, for appellants.

Gus H. Crowell (Tavernier), for appellees.

Before JORGENSON, GERSTEN, and RAMIREZ, JJ.

PER CURIAM.

This Court directed the trial court to enter a final judgment in favor of Atkins pursuant to the jury verdict. The trial court did so, but then almost immediately vacated that judgment and granted the defendants a new trial. This was improper. The trial court lacked authority to deviate from our mandate by granting the motion for new trial. See Waltman v. Prime Motor Inns, Inc., 461 So.2d 120 (Fla. 3d DCA), review denied, 472 So.2d 1182 (Fla. 1985). Accordingly, this cause is reversed and remanded with instructions to the trial court to reinstate the jury verdict in accordance with this court's prior mandate. See Waltman v. Prime Motor Inns, Inc., 461 So.2d at 120; Dept. of Transp. v. Weggies Banana Boat, 576 So.2d 722 (Fla. 2d DCA 1990), review denied, 589 So.2d 294 (Fla. 1991).

Reversed and remanded with instructions.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.