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Brock v. Maine

Brock v. Maine, 293 So. 2d 375 (Fla. Dist. Ct. App. 1974)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
April 19, 1974
Docket
No. 73-298
Judges
Owen
Citations
293 So. 2d 375
Cited by 7

Opinion

293 So.2d 375 (1974)

Wesley B. BROCK, Appellant,

v.

John Emerson MAINE, Appellee.

No. 73-298.

District Court of Appeal of Florida, Fourth District.

April 19, 1974.

*376 Don R. Allen, Fort Lauderdale, for appellant.

Ronald Payne, Fort Lauderdale, for appellee.

OWEN, Chief Judge.

In an action for conversion of certain personal property, the jury's verdict awarded the plaintiff $1500.00 compensatory damages and $6000.00 punitive damages. The defendant appeals from the judgment entered on that verdict.

We reverse that portion of the judgment awarding punitive damages. The evidence was insufficient to show that degree of malice, moral turpitude, wantonness or outrageousness of the tort necessary to sustain an award of punitive damages. Dr. P. Phillips & Sons, Inc. v. Kilgore, 1943, 152 Fla. 578 , 12 So.2d 465 ; S.H. Kress & Co. v. Powell, 1938, 132 Fla. 471 , 180 So. 757 . Furthermore, and as a separate and independent basis for our decision, we find no evidence tending to prove the financial worth or pecuniary circumstances of the defendant, the burden of proof of which was upon the plaintiff as with any other element of the damages sought.

That portion of the final judgment awarding appellee punitive damages in the sum of $6000.00 is reversed; that portion of the final judgment awarding appellee compensatory damages in the sum of $1500.00 is affirmed.

Reversed in part; affirmed in part.

CROSS and MAGER, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1974: 41978: 11984: 11988: 119742026peak 1974 · 4

Relies on it most ⓘ

  1. Country Manors Ass'n, Inc. v. Master Antenna Systems, Inc.534 So. 2d 1187 (Fla. Dist. Ct. App. 1988)
  2. International Union of Operating Engineers v. Lassitter295 So. 2d 634 (Fla. Dist. Ct. App. 1974)
  3. Hoy v. Poyner305 So. 2d 306 (Fla. Dist. Ct. App. 1974)
  4. INT'L U. OF OP. ENG. v. Lassitter295 So. 2d 634 (Fla. Dist. Ct. App. 1974)
  5. Medel v. Republic Nat. Bank of Miami365 So. 2d 782 (Fla. Dist. Ct. App. 1978)
  6. Ocean Mile Galleries, Inc. v. Huguenor305 So. 2d 787 (Fla. Dist. Ct. App. 1974)

Most recent

  1. Country Manors Ass'n, Inc. v. Master Antenna Systems, Inc.534 So. 2d 1187 (Fla. Dist. Ct. App. 1988)
  2. Monty v. Hayward451 So. 2d 938 (Fla. Dist. Ct. App. 1984)
  3. Medel v. Republic Nat. Bank of Miami365 So. 2d 782 (Fla. Dist. Ct. App. 1978)
  4. Hoy v. Poyner305 So. 2d 306 (Fla. Dist. Ct. App. 1974)
  5. Ocean Mile Galleries, Inc. v. Huguenor305 So. 2d 787 (Fla. Dist. Ct. App. 1974)
  6. INT'L U. OF OP. ENG. v. Lassitter295 So. 2d 634 (Fla. Dist. Ct. App. 1974)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
S. H. Kress & Co. v. Powell, 180 So. 757 (Fla. 1938) 59
P. Phillips & Sons, Inc. v. Kilgore, 12 So. 2d 465 (Fla. 1943) 48
Bidwell v. Carstens, 293 So. 2d 375 (Fla. Dist. Ct. App. 1974) 1

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