JAMES F. MARTIN AND PATRICIA MARTIN, HIS WIFE, W.H. MARTIN AND RUBY MARTIN, HIS WIFE, AND C.H. MARTIN AND LINDA MARTIN, HIS WIFE, APPELLANTS,
v.
PINELLAS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND H. GEORGE WILDE AND MARJORIE E. WILDE, HIS WIFE, APPELLEES
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The court held that a $100,000 fine assessed as a separate penalty and a provision stating damages are not subject to homestead exemption should be stricken from the final judgment.
The appeal was taken from a final judgment. The judgment included a $100,000 fine separate from compensatory damages and stated that plaintiff's damag…
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PER CURIAM.
Except in the respects referred to below, we affirm the final judgment from which this appeal has been taken. See Tsavaris v. NCNB National Bank, 497 So. 2d 1338 (Fla. 2d DCA 1986); Bailen v. Plaza del Prado Condominium Ass’n, Inc., 319 So. 2d 90 (Fla. 3d DCA 1975).
The portion of the final judgment assessing a $100,000 fine which was, in the terms of the final judgment, “a penalty which is separate and apart from any compensatory damage” is stricken. See National Exterminators, Inc. v. Truly Nolen, Inc., 86 So. 2d 816 (Fla.1956); Carlyle v. Carlyle, 438 So. 2d 176 (Fla. 1st DCA 1983).
The portion of the final judgment stating that plaintiff’s damages are not subject to any homestead exemption is stricken. See Burdick v. Burdick, 399 So. 2d 410, 412 (Fla. 3d DCA 1981); Hospital Affiliates of Florida, Inc. v. McElroy, 393 So. 2d 25, 27 (Fla. 3d DCA), rev. denied, 402 So. 2d 611 (1981).
Affirmed in part and reversed in part,
LEHAN, A.C.J., and HALL and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Tsavaris v. NCNB Nat'l Bank OF Fla. & Neofytos Theodore Tsangaris, 497 So. 2d 1338 (Fla. 2d DCA 1986)
- Nat'l Exterminators, Inc. v. Truly Nolen, Inc., 86 So. 2d 816 (Fla. 1956)
- Burdick v. Isadore Burdick, 399 So. 2d 410 (Fla. 3d DCA 1981)
- Ivin Ballen and Rose Ballen v. Plaza del Prado Condo. Ass'n, Inc., 319 So. 2d 90 (Fla. 3d DCA 1975)
- Carlyle v. Carlyle, 438 So. 2d 176 (Fla. 1st DCA 1983)
- State v. English, 393 So. 2d 25 (Fla. 3d DCA 1981)
- Hosp. Affiliates OF Fla., Inc. v. McELROY, 393 So. 2d 25 (Fla. 3d DCA 1981)