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WIGGS v. COURSHON

No. 73-2060 Summary Calendar.

485 F.2d 1281 (1973)

Joe O. WIGGS and Barbara Wiggs, his wife, etc., et al., Plaintiffs-Appellants-Cross Appellees, v. Jack R. COURSHON d/b/a the Twelve Caesars Motel, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

October 9, 1973.

Attorney(s) appearing for the Case

W. George Allen, Fort Lauderdale, Fla., for plaintiffs-appellants.

James A. Smith, H. Dane Mottlau, Miami, Fla., for defendant-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

RONEY, Circuit Judge:

A trial court order granting a new trial unless the plaintiff accepts a reduction in the amount of a jury verdict is appealable only if the plaintiff agrees to the reduction under protest.

In this diversity tort action for insult, the District Court, 355 F.Supp. 206, thought the plaintiffs were too successful in achieving jury verdicts in the total amount of $25,000, part compensatory and part punitive...

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