WESTMINSTER COMMUNITY CARE v. MIKESELL

No. 5D08-1326.

12 So.3d 838 (2009)

WESTMINSTER COMMUNITY CARE SERVICES, INC., ETC., Appellant, v. Shirley MIKESELL, as Personal Representative of the Estate of Walter Mikesell, Appellee.

District Court of Appeal of Florida, Fifth District.

May 29, 2009.


Attorney(s) appearing for the Case

Brooke C. Madonna and Amy L. Christiansen of Spector Gadon and Rosen, P.C., St. Petersburg, for Appellant.

Michael J. Carter of Morgan & Morgan, P.A., Orlando, for Appellee.


SAWAYA, J.

We are here concerned with the provision of section 768.74(4), Florida Statutes (2005), which provides that "[i]f the party adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only." The issue we must resolve is whether the trial court, in granting the plaintiff's motion for additur and a new trial on damages, erred in not also granting a new trial on the issue of liability...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases