Swanson v. Beilman

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED SARAH L. SWANSON, Appellant, v. Case No. 5D15-2901 LOLITA M. BEILMAN, Appellee. ________________________________/ Opinion filed May 12, 2017 Appeal from the Circuit Court for Brevard County, Charles M. Holcomb, Judge. Charles W. Hall, DeeAnn J. McLemore and Mark D. Tinker, of Banker Lopez Gassler P.A., St. Petersburg, for Appellant. Marjorie Gadarian Graham, of Marjorie Gadarian Graham, P.A., Palm Beach Gardens and Douglas R. Beam, Melbourne, for Appellee. PER CURIAM. Sarah L. Swanson appeals the trial court’s order granting a new trial on damages after she rejected an additur in a personal injury lawsuit arising from an automobile accident. We affirm. However, because the jury found the plaintiff below, Lolita M. Beilman, did not sustain a permanent injury, the new trial shall be limited to economic damages only. See § 627.737(2), Fla. Stat. (2010). AFFIRMED. ORFINGER, TORPY and EVANDER, JJ., concur. 2

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