WESLEY B. BROCK, APPELLANT,
v.
JOHN EMERSON MAINE, APPELLEE
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OWEN, Chief Judge.
In an action for conversion of certain personal property, the jury’s verdict awarded the plaintiff $1500.00 compensatory damages and $6000.00 punitive damages. The defendant appeals from the judgment entered on that verdict.
We reverse that portion of the judgment awarding punitive damages. The evidence was insufficient to show that degree of malice, moral turpitude, wantonness or outrageousness of the tort necessary to sustain an award of punitive damages. Dr. P. Phillips & Sons, Inc. v. Kilgore, 1943, 152 Fla. 578, 12 So. 2d 465; S. H. Kress & Co. v. Powell, 1938, 132 Fla. 471, 180 So. 757. Furthermore, and as a separate and independent basis for our decision, we find no evidence tending to prove the financial worth or pecuniary circumstances of the defendant, the burden of proof of which was upon the plaintiff as with any other element of the damages sought.
That portion of the final judgment awarding appellee punitive damages in the sum of $6000.00 is reversed; that portion of the final judgment awarding appellee compensatory damages in the sum of $1500.00 is affirmed.
Reversed in part; affirmed in part.
CROSS and MAGER, JJ., concur.
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Country Manors Ass'n, Inc. v. Master Antenna Sys., Inc., 534 So. 2d 1187 (Fla. 4th DCA 1988)…(Fla.1986); St. John v. Kuper, 489 So. 2d 833 (Fla. 3d DCA 1986); Auto-Owners Insurance Co. v. Hooks, 463 So. 2d 468 (Fla. 1st DCA 1985); Henderson v. Petri, 365 So. 2d 792 (Fla. 1st DCA 1978), cert. denied, 376 So. 2d 75 (Fla.1979); Brock v. Maine, 293 So. 2d 375 (Fla. 4th DCA), cert. denied, 297 So. 2d 837 (Fla.1974); General Finance Corporation of Jacksonville, Inc. v. Sexton, 155 So. 2d 159 (Fla. 1st DCA 1963). See also Chrysler Corp. v. Wolmer, 499 So. 2d 823 (Fla.1986). With respect to compensatory dam…
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Int'l Union OF Operating Eng'rs v. Lassitter, 295 So. 2d 634 (Fla. 4th DCA 1974)…uld not necessarily serve as punishment to one of large means.” Thus, taking into account all considerations, the pecuniary worth of a defendant charged with possible punitive damages must be adduced as evidence before the jury. See Brock v. Maine, 293 So. 2d 375 (4th D.C.A.Fla.1974); Joab, Inc. v. Thrall, supra; Jacksonville Frosted Foods, Inc. v. Haigler, 224 So. 2d 437 (1st D.C.A.Fla.1969). Was this done here? The evidence given of defendants’ finances was as follows: International Income of $600,000 pe…
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Ocean Mile Galleries, Inc. v. Huguenor, 305 So. 2d 787 (Fla. 4th DCA 1974)…there must be sufficient proof of a defendant’s financial resources so as to create a basis in the record for the jury to make an award of punitive damages and so that the propriety thereof might be reviewed. See also, Brock v. Maine, Fla.App.1974, 293 So. 2d 375. But see Aaron v. Rinaldi, Fla.App.1974, 296 So. 2d 632. Accordingly, upon authority of our decisions in the International Union and Brock cases, which incidentally the trial judge did not have the benefit of when he entered this judgment under rev…
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- S. H. Kress & Co. v. Powell, 132 Fla. 471 (Fla. 1938)
- DR. P. Phillips & Sons, Inc. v. Kilgore, 152 Fla. 578 (Fla. 1943)
- State of Fla. Ex rel. Max Silverman v. Coleman, 152 Fla. 578 (Fla. 1943)