HomeMy WebLinkAbout0582 5U'7440
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, IN AND FOR SAINT
LUCIE COUNTY, STATE OF FLORIDA
CASE NO. 79-59-CA
MYELLE HOMES, INC., et al., )
Plaintiffs, )
vs. ) ORDER
MYLEE HOMES, INC., et al., )
Defendants . )
This cause came on for hearing on the Motion for New
Trial and Motion for Remittitur filed on behalf of Defendants,
MYLEE HOMES, INC. , a Florida corporation, ELLEN GUTERL and JEAN
GUTERL, and the Court having heard argument of the respective
counsel for the parties, considered the authorities presented
during argument, the record in this cause and being otherwise
fully advised in the premises, it is,
DONE and ORDERID
1. The Motion fora New Trial be and the same is hereby
t
denied .
2. With respect to the remittitur, the sum of $47,000.00
appearing in the answer to Question No. 9 of the Special Verdict
against Defendant, JEAN GUTERL, is ordered remitted. However, the
.$47,000.00 awarded in favor of Plaintiff, MYELLE HOMES, INC., against
ELLEN GUTERL is affirmed and modified only to the extent that said
sum shall be an award against ELLEN GUTERL and JEAN GUTERL jointly.
3. Except as modified in paragraph 2, the verdict
dated September 25, 1980, is affirmed.
4. Plaintiff shall have 30 days in which to appeal the
0~- ~ ~
remittitur with said period beginning to run the time final
judgment is entered in this cause.
DONE a O ERED this d y of 1980,
in Chambers at ~ County Courthouse in ~J/ ,
Florida . 19~~ NOV ~ 7 ~ ~7
{ . •
1,
_ ~ - ~ Circ t Judge
Copies furnished to: 5U'7440
Walter M. Meginniss
Roger N. Messer c~~e~
8i~ J`~J P~