may have an adverse verdict ... vacated and a new trial granted if any of the following causes materially affected movant’s substantial rights: (4) Excessive or inadequate damages appearing to have been influenced by passion or prejudice. (5) Error in fixing the amount of the recovery, whether too large or too small, in an action upon contract or for injury to or detention of property. “Passion” within the meaning of rule 1.1004(4) includes anger. See Collins v. State, 88 Fla. 578, 102 So. 880, 882 (1925) (“Passion is the state of mind produced when the mind is powerfully acted upon and influenced by something external to itself [and] ... is one of the emotions of the mind known as anger, rage, sudden resentment, or terror.”); Murphy v. S. Pac. Co., 31 Nev. 120, 101 P. 322, 327 (1909) (<HOLDING>). In ruling on the defendants’ motion for new
holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict holding that since the word sell means to divest ones self of all rights and interest in a thing sold the doctrine of ejusdem generis compels that exchange and dispose also carry that connotation holding the word passion as applied to a jurys action means anger resentment heat absence of reflection disregard of the rights of others and kindred motives holding that plaintiffs in the absence of a contrary expression from congress  shall have an action under ftca against the united states as well as a bivens action against the individual officials alleged to have infringed their constitutional rights holding a judgment in the absence of notice violates due process rights