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SC19591
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. )
MYLEE HOMES, INC., et al., ~ )
Defendants . )
~~~e.
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 ORDERED:
1. The Motion for a New Tr is 1 be and the same is hereby
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 HOI-iES, 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. In the event that Plaintiff should elect to reject or
otherwise contest the remittitur herein provided, Plaintiff may,
within 30 days after entry of final judgment, move for a new trial
on the issue of punitive damages against Jean Guterl only.
DONE and ORDERED this t~~~ay of ~ , 1980, in
Chambers at ~~k~~ County Courthouse in ,
Florida . SU4591 ~/~ /~'
Copies furnished to1980 ~C -8 AN II~ 5
~_---
Walter M. Meginniss C i g
Roger N. Messer F ~~~~oCC~~Cqq~fpp~~cTTO~OF'0
Mr. Jean Guterl S~OG~CPOITRASA
CLERK CIRCUIT COURT
RECaAO VERtt''1n.._.~~._._ 8~~~
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