WILLIAM G. BELL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MALVERN HILL BELL AND AS TRUSTEE OF THE MALVERN HILL BELL REVOCABLE TRUST, PETITIONER,
v.
JANET SNYDER, RESPONDENT
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PER CURIAM.
We initially granted review in Snyder v. Bell, 746 So. 2d 1096 (Fla. 2d DCA 1999), on the basis of an alleged express and direct conflict with this Court’s decision in Lohr v. Byrd, 522 So. 2d 845 (Fla.1988), the Fifth District Court of Appeal’s decision in United Pacific Insurance Co. v. Berryhill, 620 So. 2d 1077 (Fla. 5th DCA 1993), the Fourth District Court of Appeal’s decision in Vining v. Martyn, 660 So. 2d 1081 (Fla. 4th DCA 1995), and the Third District Court of Appeal’s decision in McArthur Dairy, Inc. v. Original Kielbs, Inc., 481 So. 2d 535 (Fla. 3d DCA 1986). Upon further examination and review, however, we find that jurisdiction was improvidently granted in this case. Accordingly, we hereby dismiss this case without further review of the matter. It is so ordered.
WELLS, C.J., and HARDING, PARIENTE, LEWIS and QUINCE, JJ., concur. SHAW and ANSTEAD, JJ., dissent.
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Citator
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Ocala Jockey Club, LLC v. Rogers, 981 So. 2d 1245 (Fla. 5th DCA 2008)…est under the former. . Compare Snyder v. Bell, 746 So. 2d 1096, 1098-99 (Fla. 2d DCA 1999) (holding that treble damages awarded under the civil theft statute are remedial, not punitive), review granted, 760 So. 2d 945 (Fla.2000), review dismissed, 778 So. 2d 970 (Fla.2001), with Country Manors Ass'n, Inc. v. Master Antenna Sys., Inc., 534 So. 2d 1187, 1195 (Fla. 4th DCA 1988) (holding treble damages under the civil theft statute are punitive); and McArthur Dairy, Inc. v. Original Kielbs, Inc., 481 So. 2d 53…
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Terminix Int'l Co., LP v. Palmer Ranch Ltd. P'ship, 432 F.3d 1327 (11th Cir. 2005)…punitive and remedial. Compare Snyder v. Bell, 746 So. 2d 1096, 1098-99 (Fla. 2d DCA 1999) (holding that treble damages awarded under the civil theft statute are remedial, not punitive), review granted, 760 So. 2d 945 (Fla. 2000), review dismissed, 778 So. 2d 970 (Fla.2001), with United Pac. Ins. Co. v. Berryhill, 620 So. 2d 1077, 1079 (Fla. 5th DCA 1993) (concluding that treble damages awarded under the federal odometer fraud statute "are punitive and in the nature of fines”); Country Manors Ass’n, Inc. v.…
Authorities Cited
- McARTHUR Dairy, Inc. v. Original Kielbs, Inc., 481 So. 2d 535 (Fla. 3d DCA 1986)
- United Pac. Ins. Co. v. Berryhill, 620 So. 2d 1077 (Fla. 5th DCA 1993)
- Vining v. Martyn, 660 So. 2d 1081 (Fla. 4th DCA 1995)
- Lohr v. Hattie Mae Byrd, 522 So. 2d 845 (Fla. 1988)
- Snyder v. Bell, 746 So. 2d 1096 (Fla. 2d DCA 1999)