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COLLINS v. DOUGLASS

Nos. 4D02-3137, 4D02-3223.

874 So.2d 629 (2004)

Aaron COLLINS, Carol Collins and Clifford Collins, Appellants, v. Edward DOUGLASS, as Successor PersonalRepresentative of the Estate of Ian Douglass, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 25, 2004.

Attorney(s) appearing for the Case

Warren B. Kwavnick and John H. Richards of Cooney, Mattson, Lance, Blackburn, Richards & O'Connor, P.A., Fort Lauderdale, for appellants.

Philip M. Burlington of Philip M. Burlington, P.A., and William J. McAfee of McAfee & Russo, P.A., West Palm Beach, for appellee.

PER CURIAM.

This appeal and cross-appeal raise two significant questions. First, once a trial court denies a motion for new trial, does the court thereafter have the authority to sua sponte rehear the matter? Second, was a new trial warranted in this case on the ground that the future pain and suffering damages award was inadequate? We answer both questions in the negative and direct the trial court to reinstate the jury verdict and its initial order denying the motions...

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