OCEAN MILE GALLERIES, INC., AND JOSEPH B. SIRGANY, JR., APPELLANTS,
v.
LLOYD B. HUGUENOR, JR., AND WINIFRED B. HUGUENOR, APPELLEES
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DOWNEY, Judge.
The main thrust of this appeal is the award of punitive damages against appellants on a record virtually devoid of any proof of the appellants’ financial resources. We held in International U. of Op. Eng., Local No. 675 v. Lassitter, Fla.App.1974, 295 So. 2d 634, that 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 review, we reverse with directions to grant the parties a new trial on damages only.
CROSS, J., and LEE, THOMAS J., Associate Judge, concur.
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Raisen v. Raisen, 379 So. 2d 352 (Fla. 1979)…fect the continued vitality of the doctrine. The continuing validity of this doctrine has also been recognized by.a number of recent [*355] decisions of the district courts of appeal. Vinci v. Gensler, 269 So. 2d 20 (Fla. 2d DCA 1972); Mims v. Mims, 305 So. 2d 787 (Fla. 4th DCA 1974); Heaton v. Heaton, 304 So. 2d 516 (Fla. 4th DCA 1975); Blanton v. Blanton, 354 So. 2d 430 (Fla. 4th DCA 1978); Horton v. Unigard Insurance Co., 355 So. 2d 154 (Fla. 4th DCA 1978), cert. dismissed, 373 So. 2d 459 (Fla.1979). Ther…
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Robertson v. Deak Perera (Miami), Inc., 396 So. 2d 749 (Fla. 3d DCA 1981)…son would have remained free, and Perera would not even have lost the benefit of the transaction. . It is a moot point as to whether this is because, as Perera suggests, no one has had the unjustified gall to bring such an action, see Mims v. Mims, 305 So. 2d 787 (Fla. 4th DCA 1974); because no prior plaintiff has had so [*752] imaginative a lawyer; or because no prior money changer has been so reckless with the well-being of its customers. . O. W. Holmes, The Path of the Law, Jurisprudence in Action (1953)…
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Mohumman Iqbal Zabrani v. Riveron, 495 So. 2d 1195 (Fla. 3d DCA 1986)…ted in The Joys of Yiddish by Leo Rosten, “The classic definition of ‘chutzpah’ is that quality enshrined in a man, who having killed his mother and father, throws himself upon the mercy of the court because he is an orphan.” See also Mims v. Mims, 305 So. 2d 787, 789 n. 1 (Fla. 4th DCA 1974).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Int'l Union OF Operating Eng'rs v. Lassitter, 295 So. 2d 634 (Fla. 4th DCA 1974)
- Aaron v. Rinaldi, 296 So. 2d 632 (Fla. 3d DCA 1974)
- Brock v. Maine, 293 So. 2d 375 (Fla. 4th DCA 1974)
- Bidwell v. Carstens, 293 So. 2d 375 (Fla. 4th DCA 1974)