Florida District Courts of Appeal, 1973

Horner v. Modern Movers, Inc.

Horner v. Modern Movers, Inc.
Florida District Courts of Appeal · Decided February 28, 1973 · Cross, Owen, Walden
274 So. 2d 8; 1973 Fla. App. LEXIS 7119 (Southern Reporter, Second Series)

Horner v. Modern Movers, Inc.

Opinion of the Court

PER CURIAM.

The trial court decision to set aside a jury award of damages returned for plaintiff and re-try the cause upon the issue of damages only is amply supported by the record and the trial court reasoning. Pittman *9v. Smith, Fla.App. 1971, 252 So.2d 279; Martin v. Stone, Fla.1951, 51 So.2d 33. While there is a suggestion that the appealed order is ambiguous as to whether the trial court intended to also re-try the liability issues, we do not so view it and are of the opinion that the order correctly limited itself to a reversal of only the award of damages.

Affirmed.

WALDEN, CROSS and OWEN, JJ., concur.

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