McINTOSH v. FLAGLER TITLE CO.

No. 84-2607.

483 So.2d 50 (1986)

Michael D. McINTOSH, Appellant, v. FLAGLER TITLE CO., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 7, 1986.


Attorney(s) appearing for the Case

Allison K. Bethel and Richard A. Kupfer of Cone, Wagner, Nugent, Johnson, Hazouri & Roth, P.A., West Palm Beach, for appellant.

Curtis L. Witters of Glickman, Witters & Marell, West Palm Beach, for appellees.


HERSEY, Chief Judge.

This is an appeal from an order granting a new trial on both liability and damages. The trial court, referring to specific examples of contradictory testimony and evidence, based its determination to grant a new trial on the fact that the discrepancy between the amount of damages sought ($21,560) and the amount awarded ($26,000) could only be explained by the jury's passion, prejudice or sympathy for appellant. We reverse.

A motion for...

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