Rafael E. Padierne, P.A. v. Amador
Rafael E. Padierne, P.A. v. Amador
Opinion of the Court
We find no error in the points raised in the direct appeal and therefore affirm the judgment awarding compensatory damages for the malicious prosecution of a civil action by the appellants against the appellee. On the cross-appeal, however, we conclude that the trial judge erroneously refused to submit the issue of punitive damages to the jury. The record — as reflected by the jury verdict finding that the appellant had been guilty of either actual or legal malice in maintaining the lawsuit in question — fully supports such an award. See Montgomery Ward & Co. v. Hoey, 486 So.2d 1368 (Fla. 5th
Affirmed in part, reversed in part and remanded.
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