Capitol Life Insurance Company v. Rutherford

On Remittitur

COLEMAN, Justice.

On April 29, 1971, we indicated by an opinion in writing that unless appellee Edna Rutherford filed a remittitur of $2,000.00 within fourteen days from the date of the opinion, this case would be reversed and remanded for a new trial; if the remittitur were duly filed, the judgment would be affirmed, Chief Justice Spurgeon E. Bell dissenting in part.

Appellee has filed the suggested remit-titur of $2,000.00.

Accordingly, as of this date, the judgment of the trial court in favor of appellee, Edna Rutherford, is reformed by deducting the amount of $2,000.00 from the judgment recovered by said appellee, and, as so reformed, is affirmed.

Reformed and affirmed.