Florida Statute 768.74 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.74

768.74 Remittitur and additur.—

(1) In any action to which this part applies wherein the trier of fact determines that liability exists on the part of the defendant and a verdict is rendered which awards money damages to the plaintiff, it shall be the responsibility of the court, upon proper motion, to review the amount of such award to determine if such amount is excessive or inadequate in light of the facts and circumstances which were presented to the trier of fact.

(2) If the court finds that the amount awarded is excessive or inadequate, it shall order a remittitur or additur, as the case may be.

(3) It is the intention of the Legislature that awards of damages be subject to close scrutiny by the courts and that all such awards be adequate and not excessive.

(4) If the party adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only.

(5) In determining whether an award is excessive or inadequate in light of the facts and circumstances presented to the trier of fact and in determining the amount, if any, that such award exceeds a reasonable range of damages or is inadequate, the court shall consider the following criteria:

(a) Whether the amount awarded is indicative of prejudice, passion, or corruption on the part of the trier of fact;

(b) Whether it appears that the trier of fact ignored the evidence in reaching a verdict or misconceived the merits of the case relating to the amounts of damages recoverable;

(c) Whether the trier of fact took improper elements of damages into account or arrived at the amount of damages by speculation and conjecture;

(d) Whether the amount awarded bears a reasonable relation to the amount of damages proved and the injury suffered; and

(e) Whether the amount awarded is supported by the evidence and is such that it could be adduced in a logical manner by reasonable persons.

(6) It is the intent of the Legislature to vest the trial courts of this state with the discretionary authority to review the amounts of damages awarded by a trier of fact in light of a standard of excessiveness or inadequacy. The Legislature recognizes that the reasonable actions of a jury are a fundamental precept of American jurisprudence and that such actions should be disturbed or modified with caution and discretion. However, it is further recognized that a review by the courts in accordance with the standards set forth in this section provides an additional element of soundness and logic to our judicial system and is in the best interests of the citizens of this state.

History.—s. 53, ch. 86-160.

F.S. 768.74 on Google Scholar

F.S. 768.74 on Casetext

Amendments to 768.74

Arrestable Offenses / Crimes under Fla. Stat. 768.74

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.74.

Annotations, Discussions, Cases:

Cases Citing Statute 768.74

Total Results: 20

USAA Casualty Insurance Company v. David L. Deehl

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-30T00:00:00-07:00

Snippet: award of damages through additur. §§ 768.043(2), 768.74(5), Fla. Stats.; see also Fla. R. Civ. P. 1.530…required criteria set forth in sections 768.043(2), 768.74(5), Florida Statutes. In its well-reasoned…Florida Statutes Sections 768.043 and 768.74 (2023). .... In accord

City of Gainesville, d/b/a Gainesville Regional Utilities v. Jacob T. Rodgers

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: non-economic damages award was excessive. See § 768.74(3), Fla. Stat. (2015). The trial court denied

Brinda Coates, etc. v. R.J. Reynolds Tobacco Company

Court: Fla. | Date Filed: 2023-01-04T23:53:00-08:00

Snippet: 2021). The second statute, section 768.74, remains the same. See § 768.74, Fla. Stat. (2021). … for excessiveness under section 768.74. See id.; see also § 768.74(3), Fla. Stat. (“It is the intention…question implicates two statutes, sections 768.73 and 768.74, Florida Statutes (1997), that govern review of… from exercising its jurisdiction under s. 768.74 in determining the reasonableness of an award of…damages. § 768.73(1)(a)-(c). Second, section 768.74, Florida Statutes (1997), which is Florida’s remittitur

In Re: Amendments to Florida Rules of Civil Procedure 1.530 and 1.535

Court: Fla. | Date Filed: 2022-08-25T00:53:00-07:00

Snippet: defines a “proper motion” as referenced in section 768.74, Florida Statutes. A motion that does not provide

J.L. PROPERTY OWNERS ASSOCIATION, INC. v. TIMOTHY F. SCHNURR, as of the Estate of James V. Schnurr, and CHRISTINE SCHNURR

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

Snippet: In doing so, the trial court noted that section 768.74 requires a trial court to determine whether a damage…trial on future medical expenses because section 768.74(4) requires a new trial on damages when the “adversely…did not comply with the plain language of section 768.74(4), which states that the trial court shall order…circumstances which were presented to the trier of fact.” § 768.74(1), Fla. Stat. (2019). “If the party adversely …trial in the cause on the issue of damages only.” § 768.74(4), Fla. Stat. (2019) (emphasis added).

VICTOR LERNER v. INO HALEGUA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

Snippet: in a logical manner by reasonable persons,” § 768.74(5)(d),(e), Fla. Stat. (2021), we find no error

BAPTIST HEALTH MEDICAL GROUP ORTHOPEDICS, LLC, etc. v. ALFREDO VICTOR FERNANDEZ, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-13T00:53:00-07:00

Snippet: by the courts.” § 768.74(3), Fla. Stat (2021). To this end, section 768.74, Florida Statutes,… logical manner by reasonable persons. § 768.74(5), Fla. Stat. Here, in denying the motion…motion for remittitur in accordance with section 768.74(5), Florida Statutes. Affirmed in part;

LAURENTINA KOCIK, as Personal Representative of the ESTATE of JUREK KOCIK v. EDDY PABLO RODRIGUEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-08T00:53:00-07:00

Snippet: citizens of this state. § 768.74, Fla. Stat. (2019). Pursuant to section 768.74, we recognize a trial …support, the circuit court’s order cited section 768.74(5)(d), Florida Statutes (2019), and Ortlieb v. …rejecting the additur which, pursuant to section 768.74(4), Florida Statutes (2019), entitled the defendant…agree with the defendant’s argument. Section 768.74, Florida Statutes (2019), provides: (1)

ROYAL CARIBBEAN CRUISES, LTD. v. LISA SPEARMAN

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-28T00:53:00-07:00

Snippet: remittitur pursuant to section 768.74 of the Florida Statutes. Section 768.74(6) states that the Legislature…failed to consider the factors set forth in section 768.74(5) of the Florida Statutes, as it was required …factors set forth in the remittitur statute, section 768.74(5), prior to ruling on Royal Caribbean’s motion…to Florida’s judicial system. Further, section 768.74(1) provides that, upon a proper motion, “it shall…the trier of the fact.” (emphasis added). Section 768.74(5) sets forth the following five criteria the

BRIAN FERNALLD v. ABB, INC., LEWIS NODDIN, and LAURA NODDIN

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-09T23:53:00-08:00

Snippet: circumstances which were presented to the trier of fact.” § 768.74(1), Fla. Stat. (2019). In determining whether an… logical manner by reasonable persons. § 768.74(5)(a)–(e), Fla. Stat. (2019). Here, the court… the jury’s verdict violated any of the section 768.74(1) factors. Fernalld asked for hundreds of

GLORIA A. CABRERA v. WAL-MART STORES EAST, LP

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-15T23:53:00-08:00

Snippet: of a motion for additur is governed by section 768.74, Florida Statutes (2020), which requires the court… the court is charged with ordering additur. § 768.74(2), Fla. Stat. In those reported cases involving

SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2020-06-10T00:53:00-07:00

Snippet: is excessive, it may order a remittitur. See § 768.74(2), Fla. Stat. (2017). In determining whether an…amount awarded is supported by the evidence.” § 768.74(5), Fla. Stat. (2017). There was no error …the award was not “supported by the evidence.” § 768.74(5), Fla. Stat. As such, the court properly used

SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2020-06-10T00:53:00-07:00

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2020-04-16T00:53:00-07:00

Snippet: defines a “proper motion” as referenced in section 768.74, Florida Statutes. A motion that does not provide

R.J. Reynolds Tobacco Co. v. Diane Schleider, Etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-26T00:00:00-08:00

Citation: 273 So. 3d 63

Snippet: section 768.74, Florida Statutes (2014), requires a completely different analysis. Section 768.74 sets …best interests of the citizens of this state. § 768.74, Fla. Stat. (2014) (emphasis added). None…majority has provided the factors listed in section 768.74, so they will not

Gwendolyn E. Odom, etc. v. R.J. Reynolds Tobacco Company

Court: Fla. | Date Filed: 2018-09-20T00:00:00-07:00

Citation: 254 So. 3d 268

Snippet: to the trier of fact." Id. § 768.74(1). The remittitur statute explains that although…citizens of this state." Id. § 768.74(6). Thus, when a court "finds that the amount… order a remittitur." Id. § 768.74(2). The remittitur statute provides a list…manner by reasonable persons. Id. § 768.74(5). In addition to the factors set forth in…reasonable persons." Id. (quoting § 768.74(5)(e), Fla. Stat. (2012) ). This Court rejected

WAL-MART STORES, INC. v. DERRICK THORNTON

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-06T23:53:00-08:00

Snippet: motion for remittitur in accordance with section 768.74, Florida Statutes. The reconsideration must be

GLORIA PATRICIA SANCHEZ and BODY & SOUL RETREAT, LLC. v. JOHANA CINQUE and VONCENT CINQUE

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-14T00:00:00-08:00

Citation: 238 So. 3d 817

Snippet: logical manner by reasonable persons. § 768.74(5), Fla. Stat. The record in this case does

Joan Schoeff, etc. v. R.J. Reynolds Tobacco Company

Court: Fla. | Date Filed: 2017-12-13T23:53:00-08:00

Snippet: unconstitutional, remittitur was necessary under section 768.74(5)(e), Florida Statutes (2012), because Mrs. Schoeff…in a logical manner.” Id. at 491-92 (quoting § 768.74(5)(e)). Finally, the Fourth District majority … that remittitur was appropriate under section 768.74(5), Florida Statutes (2012), because Mrs. Schoeff…can be logically adduced by a reasonable jury. § 768.74(5)(a)-(e), Fla. Stat. A punitive damages award…or prejudice against the defendant, see section 768.74(5)(a), Florida Statutes, and found that the award

Philip Morris USA, Inc. v. Ledoux

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-18T00:00:00-07:00

Citation: 230 So. 3d 530

Snippet: a jury’s damages award is reinforced by section 768.74, Florida Statutes (2016) entitled “Remittitur and