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WAL-MART STORES INC. v. BUFALO

No. 4D04-4580.

909 So.2d 464 (2005)

WAL-MART STORES, INC., Appellant, v. Michael John BUFALO, as Personal Representative of the Estate of Maryann Degennaro, Appellee.

District Court of Appeal of Florida, Fourth District.

August 24, 2005.

Attorney(s) appearing for the Case

Maritza Peña and Michael Rotunno of Marlow, Connell, Valerius, Abrams, Adler, Newman & Lewis, Coral Gables, for appellant.

No brief filed for appellee.

PER CURIAM.

As the appellee concedes, the lower court erred when it granted a new trial on damages alone, in this slip-and-fall case, without first granting a motion for additur. See Waxman v. Truman, 792 So.2d 657 (Fla. 4th DCA 2001); § 768.74, Fla. Stat. (2004). Before a new trial on damages can be awarded, section 768.74, Florida Statutes, requires the trial court to "review the amount of such award to determine if...

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