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714 So. 2d 671

Silverman v. Gockman

District Court of Appeal of Florida · decided 1998-08-05

Cited by 4 later decisions — most recently June 2008

4 state decisions

Key passage — most relied on by later courts

“(a) Whether the amount awarded is indicative of prejudice, passion, or corruption on the part of the trier of fact; (b) Whether it appears that the trier of fact ignored the evidence in reaching a verdict or misconceived the merits of the case relating to the amounts of damages recoverable; (c) Whether the trier of fact took improper elements of damages into account or arrived at the amount of damages by speculation and conjecture; (d) Whether the amount awarded bears a reasonable relation to the amount of damages proved and the injury suffered; and (e) Whether the amount awarded is supported by the evidence and is such that it could be adduced in a logical manner by reasonable persons.”

quoted by 1 later decision, including 984 So. 2d 526 - Current Builders v. First Sealord Sur.

Good law ✅— No negative treatment on recordhow we know

Decided 1998-08-05

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PER CURIAM.

¶1Defendant appeals from judgment in a legal malpractice suit, and plaintiff cross-appeals from the same judgment. We find no merit in the points raised by appellant, but agree with cross-appellant that the trial court abused its discretion in denying additur.

¶2There was no competent substantial evidence that the damages sustained by cross-appellant amounted to only the $250,000 as awarded by the jury. Rather, the only competent substantial evidence was that the damages sustained by cross-appellant were $520,975.65. We think the trial court overlooked some of the criteria which, according to section 768.74(5), Florida Statutes (1995), the court shall consider in determining whether additur should be granted. We point out in particular the criterion stated at section 768.74(5)(d): ‘Whether the amount awarded bears a reasonable relation to the *672amount of damages proved and the injury suffered ...”

¶3Affirmed in part and reversed in part. The trial court is directed to grant additur consistent with the above, and, if appellant does not agree to the additur, a new trial on damages only. § 768.74(4), Fla. Stat. (1995).

GUNTHER, POLEN and KLEIN, JJ., concur.
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