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VOLUSIA FERN CO., INC. v. COX

No. 79-24.

393 So.2d 1126 (1980)

VOLUSIA FERN CO., INC., a Florida Corporation, Appellant, v. Mac Arnold COX et Ux., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 19, 1981.

Attorney(s) appearing for the Case

Frank D. Newman of Newman & Peterson, DeLand, for appellant.

Edwin P.B. Sanders of Landis, Graham, French, Husfeld, Sherman & Ford, P.A. and Richard W. Taylor, DeLand, for appellees.

ORFINGER, Judge.

Appellant contends that the trial court erred in dismissing a betterment petition as filed too late.1 We agree and reverse.

Appellees were plaintiffs in an action for ejectment and damages. Following entry of judgment in their favor, appellees filed a timely motion for new trial on damages claiming that they were entitled to more than the nominal damages awarded by the...

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