ITT HARTFORD INS. COMPANY OF THE SOUTHEAST v. OWENS

No. 3D99-0679.

760 So.2d 210 (2000)

ITT HARTFORD INSURANCE COMPANY OF THE SOUTHEAST, Appellant, v. Stiles Jerry OWENS and Jean A. Owens, his wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing denied June 21, 2000.


Attorney(s) appearing for the Case

Richard A. Sherman and Rosemary B. Wilder, Fort Lauderdale, for appellant.

Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., and Joel Perwin, Miami, for appellees.

Before COPE, GERSTEN and SORONDO, JJ.


COPE, J.

ITT Hartford Insurance Company of the Southeast appeals an order granting an additur in a personal injury case. Defendant-appellant Hartford contends that it is entitled to reject the additur and be given a new trial. See § 768.043, Fla. Stat. (1997). Because under the unusual circumstances of this case there was no disputed issue for retrial, the defendant's request for a new trial was properly denied and we affirm the additur.

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