Summary
holding that the trial court erred by not affording the option of accepting a remittitur or having a new trial on damages, and remanding for the trial court to enter an order giving the option
Summary of this case from Olivas v. PetersonOpinion
No. 88-266.
September 6, 1988.
Appeal from the Circuit Court, Dade County, Joseph M. Nadler, J.
Lionel Barnet, Miami, for appellant.
Barney Avchen, Hialeah, for appellee.
Before BARKDULL and DANIEL S. PEARSON and JORGENSON, JJ.
The appellant filed a complaint seeking damages for breach of contract in the negligent inspection of a residence the plaintiff was contemplating buying. There was a jury verdict for the plaintiff of $22,577.28. The trial court entered a remittitur down to $5,000. There was no provision for acceptance of the remittitur or a new trial on damages only. The appellant contends, first that the trial court should not have entered a remittitur. We find no error on this point. De la Vallina v. De la Vallina, 90 Fla. 905, 107 So. 339 (1926); Cohen v. Margoa, Inc., 281 So.2d 406 (Fla. 3d DCA 1973); Section 768.74 Florida Statutes (1987).
The appellant secondly contends that the trial court erred in not giving him the option of accepting the remittitur or having a new trial limited to the issue of damages. We agree. Born v. Goldstein, 450 So.2d 262 (Fla. 5th DCA 1984); Section 768.74 Florida Statutes (1987). Therefore, this cause is remanded to the trial court to enter an order giving the plaintiff therein a time certain to either accept the remittitur, or have a new trial on the issue of damages only.
Reversed and remanded with directions.