Supreme Court of Florida, 1931

Carlton v. Vaux

Supreme Court of Florida · Decided August 3, 1931 · Davis, Whitfield, Terrell, Buford, Brown, Ellis

136 So. 344; 102 Fla. 708 (Southern Reporter)

Dissenting Opinion

Ellis, J.,

dissenting: There is sufficient evidence to support the verdict as to Carlton’s liability as joint tort feasor.

Opinion of the Court

Davis, J.

— In this case the evidence does not show liability of the defendant below for the entire amount of the damages recovered. Where the evidence does not show liability for the amount of damages awarded, and is so lacking in essential particulars that are reasonably appropriate for an estimate of the damages which might be recoverable from the defendant, that the court cannot with satisfactory certainty determine what would be a proper remittitur, the judgment must be reversed for a new trial. Southern Utilities Co. v. Davis, 83 Fla. 366, 92 So. 683; Plant City v. Muse, 71 Fla. 126; 70 So. 1005; A. C. L. R. Co. v. Brash, 73 Fla. 478, 74 So. 503.

*709 Reversed.

Whitfield, P.J., and Terrell, J., concur. Buford, C.J., and Brown, J., concur in the opinion and judgment. Ellis, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.