Florida District Courts of Appeal, 1988

Shalhub v. Andrews Roofing & Improvement Co.

Shalhub v. Andrews Roofing & Improvement Co.
Florida District Courts of Appeal · Decided September 6, 1988 · Barkdull, Jorgenson, Pearson
530 So. 2d 1052; 13 Fla. L. Weekly 2093; 1988 Fla. App. LEXIS 3964; 1988 WL 91185 (Southern Reporter, Second Series)

Shalhub v. Andrews Roofing & Improvement Co.

Opinion of the Court

PER CURIAM.

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. Bom 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.

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