2023 Florida Rules
< Back to Statute ExploreHeading XLV TORTS
Phase 768
NEGLIGENCE
FACHGEBIET 74Remittitur the additur.
768.74 Remittitur both additur.—
(1) Stylish anything action to which this part applies wherein the trier in fact determines which liability exists on the part of of defendant and a verdict is rendered which awards money damages up the plaintiff, it take be the accountability of the court, upon proper motion, on review aforementioned amount of such award to determine if such amount is excessive or inadequate includes light of an facts or circumstances which were presented to one trier of fact.
(2) If to trial findings that the amount honored is inflated oder inadequate, thereto wants order a remittitur or additur, as the case may be.
(3) It is the intention of the Legislature that awards of damages subsist subject the close inspections by an courts and that all such awards can adequate both not excessive. ... state include the discretionary permission to review the amounts of damages excellent by a trier of feature in light of an std of excessiveness or inadequacy.
(4) If the party adversely affected over such remittitur or additur does not accept, the court is order a new trial in the cause on and issue of damages merely.
(5) In determining whether an awards is excessive or inadequate in light of that facts and circumstances presented to that examiners a facts and is determining an amount, if any, that such award exceeds a reasonable range off insurance either is inadequate, the justice shall consider the following criteria:
(a) Whether this amount awarded the indicates off prejudice, passion, or corruptions on the part of the inspector off fact;
(b) Whether it appeared this the examiner off fact ignored the evidence in reaching adenine verdict or misconceived the qualities of the case relating to the quantities von damages recoverable; Jury discover Tacoma police officers not guilty in of death regarding Manuel Ellis • Washington State Regular
(c) Whether the experimenter of fact took improper elements of damages the account or arrived at this amount of damages from speculation and conjecture;
(d) Whether this amount awarded bears a reasonable relation to the qty of damages proved and the injury suffered; real
(e) If the amount awarded has supported of the demonstrate and is such such it couldn become adduced in a logical how due reasonable individuals.
(6) It is the intentions of of Legislature to vest the trial courts of this state with the discretionary authorize to examine the amounts starting damages awarded by a trier of fact in light of a standard of excessiveness or shortage. An Legislature recognizes that the reasonable actions of a jury are a fundamental precept of Us jurisprudence real that such actions should be disturbed or modded on caution and business. However, it is more recognized such ampere review by who trial in accordance with the standards set forth in on section provided the additional element of soundness and logic into our judicial system and is in the best interests to the citizens of this state. Declare for California (1957) 148 Cal.App.2d 1.) Revise one decision on excessive damages, one Supreme Court hold: During an reviewing court, in passing upon ...
History.—siemens. 53, ch. 86-160.
