Florida District Courts of Appeal, 1981

Heintzelman's Truck Center, Inc. v. Gibson

Florida District Courts of Appeal · Decided October 21, 1981 · No. 80-86 · Church, Frank, Orfinger, Sharp

409 So. 2d 1060; 1981 Fla. App. LEXIS 21431 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Ciamar Marcy, Inc. v. Monteiro Da Costa (Fla. Dist. Ct. App. 1987)

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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.

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