JAMES ISAIAH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES ISAIAH, APPELLANT,
STATE OF FLORIDA, APPELLEE
522 So. 2d 1005
Florida District Court of Appeal, Fourth District (1988)
Caution
Cited by 25 cases
Opinion of the Court
PER CURIAM.
Affirmed except that we reverse as to costs which were imposed pursuant to sections 960.20, 943.25 and 27.3455, Florida Statutes (1985). In each instance costs were assessed without compliance with the constitutional requirements of notice and an opportunity to be heard mandated by the supreme court in Jenkins v. State, 444 So. 2d 947 (Fla.1984), and Mays v. State, 519 So. 2d 618 (Fla.1988). Reversal is without prejudice to the state’s right to attempt to obtain a cost judgment after notice and hearing if it elects to do so.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, C.J., and LETTS and GLICKSTEIN, JJ., concur.
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Soffer v. R.J. Reynolds Tobacco Co., 106 So. 3d 456 (Fla. 1st DCA 2012)…d be imposed and, if so, the amount thereof); Estate of Canavan v. Nat’l Healthcare Corp., 889 So. 2d 825, 827 (Fla. 2d DCA 2004) (remanding for new trial on amount of punitive damages only); Rappaport v. Jimmy Bryan Toyota of Fort Lauderdale, Inc., 522 So. 2d 1005, 1006 (Fla. 4th DCA 1988) (remanding for new trial on entitlement and amount of punitive damages only). Accordingly, I would reverse the trial court’s ruling that punitive damages can only be awarded on the intentional tort claims and remand for a…
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LOU Bachrodt Chevrolet, Inc. v. Savage, 570 So. 2d 306 (Fla. 4th DCA 1990)…ard of compensatory damages which we also affirm. A claim of fraud sufficient to support compensatory damages is sufficient to support a claim for punitive damages being presented to the jury. Rappaport v. Jimmy Bryan Toyota of Ft. Lauderdale, Inc., 522 So. 2d 1005 (Fla. 4th DCA 1988); First Interstate Development Corporation v. Ablanedo, 511 So. 2d 536 (Fla.1987). We find appellant’s Mercury Motors vicarious liability argument waived by appellant’s failure to raise it at trial and use of the undisputed jury i…
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State Farm Mut. Auto. Ins. Co. v. Novotny, 657 So. 2d 1210 (Fla. 5th DCA 1995)…d 1367 (Fla. 4th DCA 1981). The false statement must pertain to a material fact, Gutter v. Wunker, 631 So. 2d 1117, 1118 (Fla. 4th DCA 1994); and intentional misconduct is a necessary element. Rappaport v. Jimmy Bryan Toyota of Ft. Lauderdale, Inc., 522 So. 2d 1005 (Fla. 4th DCA 1988). Where detrimental reliance is missing, the claim can not be sustained. See generally, McConnell v. Eastern Air Lines, Inc., 499 So. 2d 68 (Fla. 3d DCA 1986); Tippett v. Frank, 238 So. 2d 671, 673 (Fla. 3d DCA 1970); Bibb v. Bick…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)