Florida District Courts of Appeal, 1996

Moody v. Taylor

Moody v. Taylor
Florida District Courts of Appeal · Decided February 28, 1996 · Danahy, Parker, Patterson
670 So. 2d 1026; 1996 Fla. App. LEXIS 1737; 1996 WL 82706 (Southern Reporter, Second Series)

Moody v. Taylor

Opinion of the Court

PER CURIAM.

Linda Darlene Moody and Barry L. Berg-es appeal the trial court’s entry of a partial summary judgment which found for the plaintiffs on the defendants’ affirmative defense of a prior settlement and also appeal the final judgment entered against them in this wrongful death and personal injury action. Of the four issues raised in this appeal, we conclude that only one issue requires reversal. We reverse the award of punitive damages because the amount is excessive. Upon remand, the trial court should order a remittitur of punitive damages. If the appel-lees reject the remittitur, thén the court shall order a new trial on the issue of the amount of punitive damages. See Hockensmith v. Waxler, 524 So.2d 714 (Fla. 2d DCA 1988).

Affirmed in part; reversed in part.

DANAHY, AC.J., and PARKER and PATTERSON, JJ., concur.

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