LEROY LANE, APPELLANT,
v.
C. WARD MOTORS, INC., A FLORIDA CORPORATION, APPELLEE
On the basis of our review of the briefs, record on appeal and oral argument we are of the opinion that insofar as the award of punitive damages is concerned a genuine issue of material fact exists with respect to whether defendant’s alleged trespass upon plaintiff’s property was wilful, and “with oppression, force and malice”. Humphrys v. Jarrell, Fla.App.1958, 104 So.2d 404; Nance v. Ball, Fla.App.1961, 134 So.2d 35; Firestone v. Time, Inc., Fla.App.1970, 231 So.2d 862.
Accordingly, the order granting partial summary judgment and the final judgment of dismissal and transfer are reversed and the cause remanded to the trial court for further proceedings not inconsistent herewith.
Reversed and remanded.
REED, C. J., and CROSS and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dist. RED Cross Shoe Stores, Inc. v. Shoe Villa, Inc., 278 So. 2d 286 (Fla. 1973)…Certiorari denied. 273 So. 2d 424. CARLTON, C. J., and ROBERTS, BOYD and McCAIN, JJ., concur. DEKLE J., dissents.…
Authorities Cited
- Humphrys v. Jarrell, 104 So. 2d 404 (Fla. 2d DCA 1958)
- Nance v. Linzy Ball and June Ball, 134 So. 2d 35 (Fla. 2d DCA 1961)
- Firestone v. Time, Inc., 231 So. 2d 862 (Fla. 4th DCA 1970)