MONTESINOS & ESQUIVEL V. ZAPATA

State: Florida

Court: Florida Third District Court

Docket No: 08-2858

Case Date: 08/04/2010

Preview:Third District Court of Appeal
State of Florida, July Term, A.D., 2010
Opinion filed August 04, 2010. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D08-2858 Lower Tribunal No. 05-18173 ________________

Alicia E. Montesinos and Hughette Esquivel,
Appellants, vs.

Javier Zapata,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Gerald D. Hubbart, Judge. Falk, Waas, Hernandez, Cortina, Solomon & Bonner and Norman M. Waas and Glenn P. Falk, Jr., for appellants. Ginsberg & Schwartz and Arnold R. Ginsberg, for appellee.

Before COPE, GERSTEN, and LAGOA, JJ. PER CURIAM The appellants, Alicia Montesinos and Hughette Esquivel (collectively "Appellants"), appeal from a final judgment entered in favor of the appellee, Javier

Zapata ("Zapata") and from post-trial orders denying their motions for a new trial, remittitur, and judgment in accordance with motion for directed verdict and/or for judgment notwithstanding the verdict. We reverse in part and affirm in part. An appellate court reviews a trial court's denial of a motion for new trial for an abuse of discretion. Brown v. Estate of Stuckey, 749 So. 2d 490, 498 (Fla. 1999); SDG Dadeland Assocs., Inc. v. Anthony, 979 So. 2d 997, 1001 (Fla. 3d DCA 2008). "Despite this deferential standard, `an appellate court should reverse a jury verdict when there is no rational basis in the evidence to support the verdict of the jury.'" Izquierdo v. Gyroscope, Inc., 946 So. 2d 115, 118 (Fla. 4th DCA 2007) (quoting Sifford v. Trans Air, Inc., 492 So. 2d 407, 408 (Fla. 4th DCA 1986)). Additionally, an appellate court may order a remittitur if it believes the jury verdict amount "is so great or small as to indicate that the jury must have found it while under the influence of passion, prejudice, or gross mistake." Lassitter v. Int'l Union of Operating Eng'rs, 349 So. 2d 622, 627 (Fla. 1976). See also

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