Florida District Courts of Appeal, 1963

Kennedy v. Plant City

Kennedy v. Plant City
Florida District Courts of Appeal · Decided August 2, 1963 · Allen, Kanner, Murray, Overstreet
155 So. 2d 556 (Southern Reporter, Second Series)

Kennedy v. Plant City

Opinion of the Court

PER CURIAM.

Appellant, plaintiff below, appeals an order granting a new trial after he had secured a jury verdict in the court below. Upon trial, the jury awarded the appellant a verdict of $300 compensatory and $5000.00 punitive damages. The lower court awarded a new trial upon the grounds that the verdict was against the manifest weight of the evidence and the punitive damages *557award was so grossly excessive as to shock the judicial conscience.

We are of the opinion that the trial judge did not abuse his discretion in granting a new trial. See Cloud v. Fallis, Fla.App. 1958, 107 So.2d 264; Cloud v. Fallis, Fla. 1959, 110 So.2d 669; and Hutchinson v. Lott, Fla.App.1959, 110 So.2d 442.

Affirmed.

KANNER, Acting C. J., ALLEN, J., and OVERSTREET, MURRAY W., Associate Judge, concur.

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