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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.

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