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363 So. 2d 1101

Docket No. 77-1628.

Flood v. Ware

William FLOOD, Appellant, v. Fred W. WARE and Ware Plumbing, Inc., a Florida Corporation, Appellee.

District Court of Appeal of Florida

Decided September 20, 1978.

Rehearing Denied November 2, 1978.

District Court of Appeal of Florida · decided 1978-09-20

Cited by 4 later decisions — most recently May 1981

4 state decisions

Key passage — most relied on by later courts

“... [a] jury may not, as it did here, order a defendant to pay punitive damages if it does not find him liable for either compensatory or nominal damages. Sonson v. Nelson, [supra].”

quoted by 1 later decision, including 377 So. 2d 773 - Hauser Motor Co., Inc. v. Byrd

Relies on Lassitter v. Intern. Union of Op. Engin. · 357 So. 2d 747 - Sonson v. Nelson

Good law ✅— No negative treatment on recordhow we know

Decided 1978-09-20

View the full empirical analysis of this case →

¶1Jack F. White, Jr., Clearwater, for appellant.

¶2F. Wallace Pope, Jr., of Johnson, Blakely, Pope & Bokor, P.A., Clearwater, for appellee Ware.

¶3Gilbert P. MacPherson of Robinson, MacPherson, Harper & Kynes, Clearwater, for appellee Ware Plumbing.

¶4SCHEB, Judge.

¶5William Flood appeals and Fred W. Ware cross-appeals from jury verdicts and the judgment entered upon them against appellee Fred W. Ware and appellee Ware Plumbing, Inc. The jury awarded appellant $500 in punitive damages against Fred W. Ware and $100 in compensatory and $500 in punitive damages against Ware Plumbing, Inc.

¶6We have reviewed the briefs and the record and are of the opinion that appellant's points are without merit. However, we agree with appellee Ware that the verdict against him cannot stand. A jury may not, as it did here, order a defendant to pay punitive damages if it does not find him liable for either compensatory or nominal damages. Sonson v. Nelson,357 So.2d 747 (Fla. 3d DCA 1978). See also, Lassitter v. International Union of Operating Engineers,349 So.2d 622 (Fla. 1977).

¶7Accordingly, we vacate that part of the final judgment which assesses punitive damages against Fred W. Ware, and remand with directions that the trial court *1102 enter judgment in Ware's favor. In all other respects, we affirm the judgment.

¶8BOARDMAN, Acting C.J., and DANAHY, J., concur.

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