39 Fla. L. Weekly D624a
Denial — Appeals — Jurisdiction — Motion for additur was not timely served
under rule 1.530(b) where it was not filed with trial court until 19 days after
return of jury verdict — Untimely motion for additur did not suspend rendition
of final judgment — Appeal dismissed as untimely
Appellee. 4th District. Case No. 4D12-3424. March 26, 2014. Appeal from the
Circuit Court for the Seventeenth Judicial Circuit, Broward County; David
Krathen, Judge; L.T. Case No. 10-46305 09. Counsel: Marcus Susen and Justin
Parafinzcuk of Koch Parafinczuk & Wolf, P.A., Fort Lauderdale, for
appellants. Sharon C. Degnan of Kubicki Draper, Fort Lauderdale, for appellee.
trial court’s denial of their joint motion for additur in an underinsured
motorist action. The certificate of service on this motion reflects that it was
not served until nineteen days after the return of the jury’s verdict. After the
motion was served, and thirty-one days after the verdict was rendered, the court
entered its judgment in favor of the appellants in accord with the jury’s
the trial court as untimely, appellants asserted that their motion for additur
could be considered because the ten-day rule in Florida Rule of Civil Procedure
1.530(b), in effect at the time the motion was filed, did not apply to motions
for additur.1 The trial court heard the
parties’ arguments on the additur request and ultimately denied the motion.
Although this appeal ensued from the order denying the motion for additur, no
appeal was ever filed against the final judgment.
this appeal because appellants’ motion for additur was untimely served in the
trial court. For the reasons set forth below, we agree and dismiss appellants’
under rule 1.530(b); therefore, it must also be served within the same number of
days after the verdict to suspend rendition of the final judgment. See Hauss
v. Waxman, 866 So. 2d 758, 759-60 (Fla. 4th DCA 2004); Fire & Cas.
Ins. Co. of Conn. v. Sealey, 810 So. 2d 988, 991 (Fla. 1st DCA 2002) (motion
for remittitur is the equivalent of a conditional motion for new trial and must
be served within ten days of verdict under Florida Rule of Civil Procedure
Florida Rule of Civil Procedure 1.530(b) as it was filed with the trial court
nineteen days after the return of the jury verdict. As a result, the rendition
of the final judgment was not suspended. Because the appellants also failed to
file a timely appeal following the entry of the judgment, this court does not
have jurisdiction to consider the denial of the post-trial motion. See
Sealey, 810 So. 2d at 991 (an untimely motion for new trial is ineffective
to suspend rendition of final judgment).
1Pursuant to rule 1.530(b) “[a] motion for
new trial or for rehearing shall be served not later than 10 days after the
return of the verdict in a jury action . . . .” Rule 1.530 subsections (b) and
(g) were both amended in 2013 to change the deadlines for service of certain
motions from ten to fifteen days after the specified event.
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