Florida East Coast Ry. Co. v. Acheson

• Citation: 140 So. 467,102 Fla. 15
• Parties: FLORIDA EAST COAST RY. CO. v. ACHESON.
• Decision Date: 07 January 1932
• Court: United States State Supreme Court of Florida

140 So. 467

102 Fla. 15

FLORIDA EAST COAST RY. CO. v. ACHESON.

Florida Supreme Court

January 7, 1932

Error to Circuit Court, Monroe County; W. W. Wright, Judge.

On petition for rehearing.

Rehearing denied.

For former opinions, see 135 So. 551; 137 So. 695.

COUNSEL

W. H. Malone, of Key West, and Robert H. Anderson, of Jacksonville, for plaintiff in error.

J. F. Busto and Arthur Gomez, both of Key West, for defendant in error.

OPINION

PER CURIAM.

It is pointed out that the plaintiff's right to recover was limited to the amount shown to be recoverable by him by the bill of particulars attached to and made a part of his declaration, whereas the verdict was for a greater amount. Now therefore, if the plaintiff shall, within fifteen days after the filing of the mandate of this court in the lower court, enter a remittitur of all of said judgment in excess of $2,038.60 and costs, the judgment shall stand affirmed for the amount of $2,038.60 and costs as of the date of the entry thereof. Otherwise the same shall stand reversed for a new trial.

Rehearing denied.

BUFORD, C.J., and WHITFIELD, ELLIS, TERRELL, and DAVIS, JJ., concur.