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STATE FARM MUT. AUTO. INS. CO. v. MILLER

Nos. 95-1851, 95-1968.

688 So.2d 935 (1996)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Elizabeth Shea MILLER, Appellee. Ruth OLIPHANT, as personal representative of the Estate of Donald E. Oliphant, Deceased, Appellant, v. Elizabeth Shea MILLER, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion Denying Rehearing February 5, 1997.

As Amended on Grant of Clarification March 17, 1997.

Attorney(s) appearing for the Case

Sharon Lee Stedman of Sharon Lee Stedman, P.A., and Thomas G. Kane, Orlando, for Appellant-State Farm Mutual Automobile Insurance Company.

David B. Pakula of Kubicki Draper, Miami, for Appellant-Ruth Oliphant.

Jack Gale and Kendall Phillips of Phillips & Gale, Port St. Lucie, for appellee.

Louis K. Rosenbloum of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for Amicus Curiae-Academy of Florida Trial Lawyers.

George A. Vaka of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Amicus Curiae-Florida Defense Lawyers Association.

PER CURIAM.

Defendants appeal an order granting a new trial in these companion cases which we consolidate. After oral argument, we discovered that the trial court had no authority to enter the order, and we are thus required to reverse.

After being awarded what she apparently felt was an inadequate amount of damages by the jury, plaintiff moved for a new trial which was denied. The same day her motion for new trial was denied, we issued our opinion in Krawzak...

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