Heintzelman's Truck Center, Inc. v. Gibson

Florida District Courts of Appeal
Heintzelman's Truck Center, Inc. v. Gibson, 409 So. 2d 1060 (1981)
1981 Fla. App. LEXIS 21431
Church, Frank, Orfinger, Sharp

Heintzelman's Truck Center, Inc. v. Gibson

Opinion of the Court

SHARP, Judge.

Heintzelman’s Truck Center, Inc. (Heint-zelman’s) and Kaatz appeal from a final judgment awarding damages to appellee, Gibson. Gibson sued appellants for the conversion of a truck he purchased from Heint-zelman’s. The trial judge directed a verdict in favor of Gibson on the issue of liability and awarded Gibson compensatory damages against Heintzelman’s and Kaatz (jointly and severally) of nineteen thousand one hundred eighty-one dollars fifty cents ($19,-181.50). The jury awarded Gibson nineteen thousand dollars ($19,000) in punitive damages against Heintzelman’s.

After a careful review of the record we find no reversible error occurred with regard to the compensatory damage award. Accordingly, it is affirmed. However, the punitive damage award against Heintzel-man’s is not sustainable under the dictates of Mercury Motors Express, Inc. v. Smith, 393 So.2d 545 (Fla. 1981). It is therefore reversed.

AFFIRMED IN PART; REVERSED IN PART.

ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur.

Reference

Full Case Name
HEINTZELMAN'S TRUCK CENTER, INC., and Ken Kaatz v. D. Leroy GIBSON
Cited By
1 case
Status
Published