Carey Walter, Inc.,v.Grisham

Supreme Court of Florida, Division BJan 18, 1928
95 Fla. 67 (Fla. 1928)

Decision Filed January 18, 1928.

A Writ of Error to the Circuit Court for Hillsborough County; F. M. Robles, Judge.

Cassels, Trinkle Henderson, for Plaintiff in Error.

D.C. McMullen and Wm. C. McLean, Jr., for Defendant in Error.


The only material error disclosed by the record in this case is that the verdict of the jury was for $8.43 more than was authorized by the evidence. It is, therefore, held:

If the defendant in error do within thirty days enter a remittitur for the sum of $8.43 the judgment for the balance will be affirmed; otherwise the judgment stands reversed.

Affirmed on condition.

WHITFIELD, P. J., AND TERRELL AND BUFORD, J. J., concur.