Supreme Court of Florida

A "party adversely affected" under Florida Statutes section 768.043 is the party complaining about the amount of the trial judge's additur or remittitur which is ordered in lieu of a new trial because of a jury verdict's excessiveness or inadequacy. The Second District erred in deciding that a plaintiff in whose favor an additur was granted by the trial court had to accept the additur and was not entitled to choose a new trial rather than additur.

Appellate Information

• Decided 10/12/2006
• Published 10/12/2006

Judges

• WELLS, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Kevin T. Smith of Law Office of Bohdan Neswiacheny, Fort Lauderdale, FL, for Petitioner.


• For Appellees:
  
• Michael P. Weisberg and Arthur J. Morburger, Miami, FL, for Respondent.