Choose a Topic

View Our Case Results
Kelley/Uustal Practice Areas

Osthene Joseph v. Geico Indemnity Co., Case No. 4D12-3424 (4th DCA)

Joseph involves the appeal of a trial court’s denial of a joint motion for additur in an underinsured motorist action. The certificate of service on the motion reflected that it was served nineteen days after the jury’s verdict was returned. The trial court entered judgment in favor of the appellants thirty-one days after the jury reached its verdict. The appellants argued that the then applicable ten day deadline under Florida Rule of Civil Procedure 1.530 did not apply to motions for additur. The Fourth District stated that a “motion for additur is the equivalent of a conditional motion for new trial 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.” The Court therefore found that the motion for additur was not timely served.
Categories:

Recognized as One of the Nation's Best Law Firms

Don't just take our word for it. See it for yourself.

Client Reviews & Testimonials
  • AV Peer Review Rated
  • Florida Super Lawyers
  • South Florida Top Rated Lawyers
  • Best Law Firms
  • The Best Lawyers in America
  • The National Trial Lawyers - Top 100 Trial Lawyers
  • South Florida Business Journal - 2017  Best Places to Work
  • Sun Sentinel - 2017 Top Work Places
© 2014 All Rights Reserved The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.