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SMITH v. TELOPHASE NAT. CREMATION SOC., INC.

No. 84-515.

471 So.2d 163 (1985)

Ursula H. SMITH, Appellant, v. TELOPHASE NATIONAL CREMATION SOCIETY, INC. d/b/a National Cremation Society and American Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

June 14, 1985.

Attorney(s) appearing for the Case

Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, and Patrick Dekle of Law Offices of Patrick Dekle, Tampa, for appellant.

Gerald E. Rosser of Gerald E. Rosser, P.A., Miami, for appellees.

CAMPBELL, Judge.

Appellant, Ursula H. Smith, appeals the trial court's order granting appellees', Telophase National Cremation Society, Inc. and American Insurance Company, motion for remittitur or, in the alternative, granting appellees' motion for new trial. While the order appealed from simply provides that appellees' motion for new trial will be granted in the event that the remittitur is rejected, it is clear from the record that the new trial was to be to both...

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