BUDGET RENT-A-CAR SYSTEM, INC. v. WILLIE L. BRACELET and GLORIA BRACELET, his wife

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IN THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, STATE OF FLORIDA BUDGET RENT-A-CAR SYSTEM, NOT FINAL UNTIL TIME EXPIRES TO INC., FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. Appellant, CASE NO. 1D04-5087 v. WILLIE L. BRACLET and GLORIA BRACLET, his wife, Appellees. _____________________________/ Opinion filed June 23, 2005. An appeal from the circuit court for Duval County. Charles W. Arnold, Jr., Judge. Kevin Knight, deBeaubien, Knight, Simmons, Mantzaris & Neal LLP, Orlando, for Appellant. Michael S. Sharrit, Brown, Terrell, Hogan, Ellis, McClamma & Yegelwel, P.A., Jacksonville, for Appellees. PER CURIAM. We reverse the trial court s order denying appellant s motion for rehearing and for new trial in this civil action, and remand for a jury trial on the issue of damages only. See, e.g., Curbelo v. Ullman, 571 So. 2d 443 (Fla. 1990); Barth v. Fla. State Constructors Serv., Inc., 327 So. 2d 13 (Fla. 1976); Baron Auctioneer, Inc. v. Ball, 674 So. 2d 212 (Fla. 4th DCA 1996); Barge v. Simeton, 460 So. 2d 939 (Fla. 4th DCA 1984). See also Bruce J. Berman, Florida Civil Procedure ¶¶ 430.4, 430.5[3], at 51214 (2005 ed.). REVERSED and REMANDED, with directions. WEBSTER, DAVIS and THOMAS, JJ., CONCUR. 2

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