LLOYD B. HUGUENOR, JR., AND WINIFRED B. HUGUENOR, PETITIONERS,
v.
OCEAN MILE GALLERIES, INC., AND JOSEPH B. SIRGANY, JR., RESPONDENTS

Fla. | 1976-05-05
No. 46970
OVERTON, C. J., and ROBERTS, ADKINS, ENGLAND and SUNDBERG, JJ., concur., BOYD, J., dissents.
332 So. 2d 328 Florida Supreme Court (1976) Negative Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for writ of certiorari, we have for review a decision of the District Court of Appeal, Fourth District (305 So. 2d 787), which allegedly conflicts with the decision in Aaron v. Rinaldi, 296 So. 2d 632 (Fla.App.3d 1974). We have jurisdiction. Fla.Const. art. V, § 3(b)(3), F.S.A. The specific question involved in this cause is whether a plaintiff must, as a predicate for a claim for punitive damages, introduce evidence of the defendant’s financial worth and ability to pay an award of punitive damages.

This Court has recently answered this question in the negative. Rinaldi v. Aaron, 314 So. 2d 762 (Fla.1975). Upon this authority, we quash the decision of the District Court of Appeal, Fourth District, and remand same to the District Court of Appeal for further proceedings not inconsistent with the views herein expressed.

It is so ordered.

OVERTON, C. J., and ROBERTS, ADKINS, ENGLAND and SUNDBERG, JJ., concur. BOYD, J., dissents.


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  • Ocean Mile Galleries, Inc. v. Huguenor, 351 So. 2d 1043 (Fla. 4th DCA 1977)
    …1974, has now been quashed by the Supreme Court of Florida and the cause has been remanded to this court for further proceedings not inconsistent with the Supreme Court decision in Rinaldi v. Aaron, supra. See Huguenor v. Ocean Mile Galleries, Inc., 332 So. 2d 328 (Fla.1976). Adverting to the briefs filed herein, we find the sole remaining point requiring our consideration to be whether a verdict for punitive damages must bear some reasonable relation to the award of compensatory damages. If so, is an award…

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