HAUSS v. WAXMAN

No. 4D02-3051.

866 So.2d 758 (2004)

Tanya Truman HAUSS, f/k/a Tanya Truman, Appellant, v. Benjamin Samuel WAXMAN, German Vucetich and Ian Vucetich, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 18, 2004.


Attorney(s) appearing for the Case

Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, and Ronald P. Gossett of Gossett & Gossett, P.A. Hollywood, for appellant.

Esther E. Galicia of George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, Fort Lauderdale, for appellee Samuel Benjamin Waxman.


GROSS, J.

Tanya Truman Hauss, the plaintiff in the personal injury action below, appeals the denial of her post-trial motion for additur. The defendant below, Benjamin Samuel Waxman, cross-appeals the trial court's denial of his motion for remittitur.

We affirm, and write to explain our conclusion that Waxman's motion for remittitur was untimely filed because it was not served within ten days after the return of the jury's verdict.

The jury returned...

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