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Dedeaux v. Pellerin Laundry6/28/2005
or example, Pellerin does not argue that the additur is excessive or was improperly granted. However, according to the clear dictates of Estate of Berry, a defendant, within thirty days, must "either accept the additur, reject it and proceed to a new trial on damages, or file an appeal." Estate of Berry, 741 So. 2d at 935 ( ). Pellerin, the defendant in the trial court, did not file an appeal. The Dedeauxes are the ones who filed the appeal. Accordingly, this matter is reversed and remanded for a new trial on the issue of damages. We therefore find it unnecessary to address the merits of the Dedeaux's remaining arguments.
. THE JUDGMENT OF THE CIRCUIT COURT OF HARRISON COUNTY IS REVERSED, AND THIS CAUSE IS REMANDED FOR A NEW TRIAL LIMITED TO DAMAGES ONLY. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLEE.
KING, C.J., BRIDGES AND LEE, P. JJ., MYERS, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ., CONCUR.
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