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South Florida Appeals: What does remittitur do to my West Palm Beach damage judgment?

Uncategorized Oct 9, 2015
post about South Florida Appeals: What does remittitur do to my West Palm Beach damage judgment?

Have you been slapped with a huge judgment following a West Palm Beach  jury trial? Experienced Palm Beach probate firms know the judgment does not end after the jury trial. Do you know how to file a motion forremittitur or additur? These motions may be crucial to saving (or making) you thousands and thousands of dollars. 

Using Remittitur & Additur in West Palm Beach

  • Judgments in West Palm Beach can be unpredictable and expensive.
  • Any experienced Palm Beach probate firm is going have you seriously weight the risks against the reward when it comes to trial.
  • That being said sometimes the award is even higher than any reasonable attorney could predict.
  • Now what do you do?
  • It may be time to file a motion for additur or remittitur in the West Palm Beach Court.
  • Do you know what that does?
  • Additur asks that a party who is subject to a judgment add money to the amount or risk a new trial.
  • Often times the risk and expense of a new trial is enough to push the party to agree.
  • A remittitur is the opposite, you are asking a plaintiff who got an excessive fee to return some of the money.
  • Again the cost of saying no is a whole new trial.
  • Is that a risk you are willing to take?
  • Check out this recent case where a $700k award was set aside with the use of remittitur in West Palm Beach!

Olen v. Cancel

  • This was a case where one party got $700k from trial. 
  • Experienced Palm Beach probate litigators know how to tell if a damage award is excessive.
  • Guess what happened next?
  • The other side appealed to the Fourth District Court of Appeals and requested aremittitur. 
  • The Appeals Court agreed and granted it.
  • Do you think it is fair for the Court to stray from the jury’s verdict?
  • Get the facts before you decide.
  • If you do not know if an award is excessive, talk to an experienced Palm Beach attorney who knows what is what.
  • Also do not forget to ignore your gut, if it says whoa that is too high, listen.
  • Because it may be time to file that motion for additur or remittitur!

Want to learn more?

Check out the entire case by clicking here.