AAXICO SEMINOLE v. ZAMBRANA AIRMOTIVE, 213 So.2d 895 (Fla.App. 3 Dist. 1968)

AAXICO SEMINOLE, INC., A FLORIDA CORPORATION, APPELLANT, v. ZAMBRANA AIRMOTIVE CORPORATION, A FLORIDA CORPORATION, APPELLEE.

No. 68-1.District Court of Appeal of Florida, Third District.
September 17, 1968.

Appeal from the Circuit Court for Dade County, Ralph O. Cullen, J.

William B. Roman, Miami, for appellant.

Terry, McKee Stephens, Miami, for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ.

PER CURIAM.

By this appeal we are called upon to review the correctness of a final judgment rendered on a jury verdict in the sum of $9,000.00, in a suit by a broker for commissions allegedly due under an oral agreement.

A review of the evidence in its entirety fails to reveal any sufficient competent evidence to support a jury verdict in excess of $5,477.60. It is, therefore, the judgment of the court that unless the plaintiff, within 30 days after the mandate from this court is filed in the circuit court, enter a remittitur reducing the judgment to the sum of $5,477.60 as of its date of entry, the judgment will stand reversed for a new trial. If such remittitur is entered, the judgment as modified will stand affirmed. Ryan v. Noble, 95 Fla. 830, 116 So. 766; B.L.E. Realty Corporation v. Parker, 102 Fla. 298, 135 So. 811; Miami Transit Company v. Ross, 106 Fla. 298, 143 So. 234; Renuart Lumber Yards v. Levine, Fla. 1950, 49 So.2d 97; § 59.34, Fla. Stat., F.S.A.; 2 Fla.Jur., Appeals, §§ 352, 353.

Affirmed as modified, with directions.