Craftsman Plastering and Lath, Inc. v. Rath Mor, LLC, as assignee of Tara Management, Inc.

In an indemnity suit arising from construction defects, a jury awarded $55,652 of the $779,318.66 in defense fees and costs the assignee sought, and the trial court granted additur to the full amount based on its stated belief (which it admitted was speculation) that the jury had divided the total by fourteen (the number of subcontractors). The Fourth DCA reversed, holding the damages evidence was not undisputed, the jury instructions, verdict form, and the movant's own closing argument gave the jury discretion to discount the award, and the trial court impermissibly acted as a seventh juror. The court also held that a party adversely affected by an additur order may reject it by filing a notice of appeal rather than a written election under Rule 1.530(h)(3), thereby preserving appellate review but waiving the right to a new damages trial.

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