MIAMI DAIRY FARMS, INC.,
v.
CALVIN W. TINSLEY, AS ADMINISTRATOR OF THE ESTATE OF JUDSON HARPER TINSLEY, DECEASED
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The Florida Supreme Court affirmed a $1,000 judgment for the administrator of an estate, finding it was not shown to be excessive, marking the second appearance of the case before the court.
No, the $1,000 judgment is not shown to be excessive enough to warrant disturbance by the appellate court.
“In that case judgment had been rendered for $6,000.00. It was reduced by remittitur of $3,000.00, and we held the-judgment after remittitur excessive.”
Describes the history of the case and the prior appeal's outcome.
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Join FLexlaw to unlock all legal intelligenceThis case involved a wrongful death claim where the initial judgment was $6,000, which was reduced by remittitur to $3,000. The prior appeal found thi…
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This is the second appearance of this case in this Court. See Miami Dairy Farms, Inc., v. Tinsley, 115 Fla. 650, 155 Sou. 850. In that case judgment had been rendered for $6,000.00. It was reduced by remittitur of $3,000.00, and we held the-judgment after remittitur excessive.
.On the second trial of the case in the court below the judgment was for $1,000.00 and the trial court approved the judgment by denying motion for a new trial.-
It is contended here that the verdict is excessive.
In F. E. C. Ry. Co. v. Hayes, 67 Fla. 101, 64 Sou. 504, we ordered a remittitur and allowed judgment to stand for $2,000.00 in favor of the father, as Administrator of a son thirteen years and five months old at his death.
Upon authority of the opinion and judgment in that case, we hold that the judgment for $1,000.00 in favor of the Administrator in the case at bar is not sufficiently shown to be excessive so as to warrant this Court in disturbing the judgment on writ of error.
Therefore, the judgment is affirmed.
•Whitfield, C. J., and Terrell, Brown, Buford and Davis, J. J., concur.
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Citator
Cited By
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Amon Teddleton v. Fla. Power & Light Co., 145 Fla. 671 (Fla. 1941)…Fla. Power Co., 64 Fla. 246, 60 So. 759, Ann. Cas. 1914B, p. 965; F. E. C. R. Co. v. Hayes, 67 Fla. 101, 64 So. 504, 7 A. L. R. 1310; M. &. B. R. R. Co. v. May, 83 Fla. 524, 91 So. 553; Miami Dairy-Farms, Inc., v. Tinsley, 115 Fla. 650, 115 So. 850, 121 Fla. 780, 164 So. 530. The second amended declaration herein contains the following allegations: “Comes now, Amon Teddleton, as administrator of the estate of Isaac Teddleton, a minor, deceased, named in the action styled above by his undersigned attorney…
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Hardison v. Threets, 241 So. 2d 694 (Fla. 4th DCA 1970)…In Miami Dairy Farms, Inc. v. Tinsley, supra, a $6,000.00 jury verdict for loss of a minor’s prospective estate was held excessive even after a $3,000.00 remittitur was accepted. After retrial'the Supreme Court affirmed a $1,000.00 jury verdict (see 164 So. 530, 531). [*697] In Burch v. Gilbert, supra, the First District Court of Appeal held that a verdict for $20,000.00 for loss of an eight-year-old’s prospective estate was excessive. In Holland Paving Co. v. Dann, Fla.App. 1964, 169 So. 2d 849, the Thir…
Authorities Cited
- Fla. E. Coast Ry. Co. v. Hayes, 67 Fla. 101 (Fla. 1914)
- Miami Dairy Farms, Inc. v. Tinsley, 115 Fla. 650 (Fla. 1934)