EDWARD J. BUONOPANE, M.D., APPELLANT,
v.
RUSSELL C. FRITZ, APPELLEE
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LETTS, Judge.
We grant the motion for rehearing, vacate the prior opinion in this cause, and substitute the following:
In this civil case, the jury brought in a zero verdict in favor of the plaintiff on the question of compensatory damages. Paradoxically, in a separate verdict form, they assessed punitive damages in the amount of $3,000.
The law in Florida is clear that one cannot recover for punitive damages if no compensatory damages are awarded. Lassitter v. International Union of Operating Engineers, 349 So. 2d 622 (Fla.1977) and Raffa v. Dania Bank, 372 So. 2d 1173 (Fla. 4th DCA 1979).
Accordingly, we reverse and direct a judgment in favor of the appellant. However, this court cannot remand the action for a new trial on the issue of damages since the absence by the appellee of a cross appeal from the order denying the appel-lee’s new trial motion constituted a waiver of such a request. Raffa.
REVERSED AND REMANDED.
DOWNEY and GLICKSTEIN, JJ., concur.
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Ault v. Lohr, 538 So. 2d 454 (Fla. 1989)…mages require an underlying award of compensatory damages. A verdict which finds no compensatory damages whatsoever and punitive damages of $25,-000 is within this prohibition.” 372 So. 2d at 1174 (citations omitted). Further, in Buonopane v. Fritz, 477 So. 2d 1030 (Fla. 4th DCA 1985), the jury rendered a verdict in favor of the plaintiff, assessed no compensatory damages, yet awarded the plaintiff $3,000 in punitive damages. The Fourth District set aside the verdict, stating: “The law in Florida is clear that…1 / 2
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Morgan Stanley & Co. Inc. v. Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. 4th DCA 2007)…y has not disturbed the jury’s finding of liability for fraud — for which plaintiff was required to present evidence of the fact (if not the amount) of some damage. Effectually the majority has resurrected this court’s holding in Buonopane v. Fritz, 477 So. 2d 1030 (Fla. 4th DCA 1985) (“The law in Florida is clear that one cannot recover for punitive damages if no compensatory damages are awarded.”). But that holding that was [*1139] expressly disapproved in Ault. 538 So. 2d at 456 (“For the reasons expressed,…1 / 2
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State v. Knowles, 625 So. 2d 88 (Fla. 5th DCA 1993)…ple, one may be under physical control of a vehicle while asleep in the front seat, Mitchell v. State, 538 So. 2d 106 (Fla. 4th DCA 1989); Griffin v. State, 457 So. 2d 1070 (Fla. 2d DCA 1984); or standing next to a wrecked vehicle, State v. McGarry, 477 So. 2d 1030 (Fla. 2d DCA 1985).…
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- Lassitter v. Int'l Union OF Operating Eng'rs, 349 So. 2d 622 (Fla. 1976)
- Raffa v. The Dania Bank, 372 So. 2d 1173 (Fla. 4th DCA 1979)