OLEN PROPERTIES CORP., APPELLANT,
v.
REBECCA CANCEL, APPELLEE

Fla. 4th DCA | 2015-10-07
No. 4D14-1180
GROSS and TAYLOR, JJ, and SHEPHERD, CAROLINE, Associate Judge, concur.
178 So. 3d 437 Florida District Court of Appeal, Fourth District (2015) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

In this sex discrimination and retaliation case, we reverse the $700,000 award of non-economic damages as excessive. See City of Hollywood v. Hogan, 986 So.2d 634 (Fla. 4th DCA 2008); see also § 768.74(5), Fla. Stat. (2013). We remand for the trial court to determine a remittitur amount, or to order a new trial on non-economic damages if the party adversely affected by the remittitur does not agree to the remitted amount. See § 768.74(4), Fla. Stat. (2013).

We affirm on all other issues raised in this appeal.

Affirmed in part, Reversed in part, and Remanded for further proceedings.

GROSS and TAYLOR, JJ, and SHEPHERD, CAROLINE, Associate Judge, concur.

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  • Faith Freight Forwarding Corp. v. Anias, 206 So. 3d 753 (Fla. 3d DCA 2016)
    …everse the jury verdict on damages as they are so excessive that they could only have been a product of passion and emotion based on [the plaintiffs] emotional testimony rather than the result of the record presented.”); Olen Props. Corp. v. Cancel, 178 So. 3d 437 (Fla. 4th DCA 2015) (“In this sex discrimination and retaliation case, we reverse the $700,000 award of non-economic damages as excessive.”); City of Hollywood v. Hogan, 986 So. 2d 634, 647 (Fla. 4th DCA 2008) (“The jury awarded each plaintiff $1,18…
  • Nieves v. State Farm Mut. Auto. Ins. Co., 248 So. 3d 240 (Fla. 5th DCA 2018)
    …. Thomas, 237 So. 3d 412, 413 (Fla. 5th DCA 2017), reh'g denied (Jan. 17, 2018); Rasinski v. McCoy, 227 So. 3d 201, 204 (Fla. 5th DCA 2017) ; State Farm Mut. Auto. Ins. v. Brewer, 191 So. 3d 508, 512 (Fla. 2d DCA 2016) ; Olen Props. Corp. v. Cancel, 178 So. 3d 437, 437 (Fla. 4th DCA 2015).…
  • Nieves v. State Farm (Fla. 5th DCA 2018)
    …. Thomas, 237 So. 3d 412, 413 (Fla. 5th DCA 2017), reh'g denied (Jan. 17, 2018); Rasinski v. McCoy, 227 So. 3d 201, 204 (Fla. 5th DCA 2017); State Farm Mut. Auto. Ins. v. Brewer, 191 So. 3d 508, 512 (Fla. 2d DCA 2016); Olen Props. Corp. v. Cancel, 178 So. 3d 437, 437 (Fla. 4th DCA 2015).…

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