State Florida v. Weggies Banana Boat

The condemnation dispute between Weggies Banana Boat and the Department of Transportation (DOT) was first before this court upon the trial courts sua sponte order directing a mistrial as a result of two jurors having impeached the verdict immediately following its rendition. We reversed the trial court, treated the mistrial order as one granting a new trial, and "remanded this matter [for] the trial court to reinstate the verdict and enter judgment consistent with the jurys verdict." Florida Department of Transportation v. Weggies Banana Boat, 545 So.2d 474 (Fla. 2d DCA 1989) (Weggies I). Our opinion was issued on June 21, 1989. On or about June 30, 1989, prior to the expiration of the rehearing period provided in Florida Rules of Appellate Procedure 9.330, Weggies counsel filed a motion in the trial court seeking a new trial. Thereafter, our mandate issued. Weggies new trial motion was amended on or about August 29, 1989 and supplemented on or about September 8, 1989. The June 30 motion was confined to a new trial of the jurys zero award of business damages. The amendment to that motion expanded the issues to be retried to severance damages and the value of the land taken by the DOT, each such element having been compensated in the jury verdict. The supplement to the amended motion again attacked the zero award of business damages and added an issue arising from DOTs alleged misrepresentations to condemnees as to the nature of the changes in the roadway. On September 19, 1989, the trial court, without seeking the permission of this court, entered an order directing a new trial which for the most part is grounded upon a "shocked" judicial conscience. After our initial consideration of this matter, we determined to relinquish jurisdiction to permit the trial court to enter a revised new trial order limited to business damages. We have reviewed that order, but before explicating our reasons for rejecting it, we find it appropriate to comment first upon the procedural cloud surrounding this lawsuit from a time shortly following publication of our opinion in Weggies I.