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533 So. 2d 1183

533 So.2d 1183

13 Fla.L.Weekly 2559

Martin v. Pinellas County

District Court of Appeal of Florida

Decided November 16, 1988

District Court of Appeal of Florida · decided 1988-11-16

Relies on 402 So. 2d 606 - State v. Hawkins · 497 So. 2d 1338 - Tsavaris v. NCNB NAT. BANK OF FLA. · 86 So. 2d 816 - National Exterminators v. Truly Nolen, Inc.

Decided 1988-11-16

PER CURIAM.

¶1Except in the respects referred to below, we affirm the final judgment from which this appeal has been taken. See Tsavaris v. NCNB National Bank, 497 So.2d 1338 (Fla. 2d DCA 1986); Bailen v. Plaza del Prado Condominium Ass’n, Inc., 319 So. 2d 90 (Fla. 3d DCA 1975).

¶2The portion of the final judgment assessing a $100,000 fine which was, in the terms of the final judgment, “a penalty which is separate and apart from any compensatory damage” is stricken. See National Exterminators, Inc. v. Truly Nolen, Inc., 86 So.2d 816 (Fla.1956); Carlyle v. Carlyle, 438 So.2d 176 (Fla. 1st DCA 1983).

¶3The portion of the final judgment stating that plaintiff’s damages are not subject to any homestead exemption is stricken. See Burdick v. Burdick, 399 So.2d 410, 412 (Fla. 3d DCA 1981); Hospital Affiliates of Florida, Inc. v. McElroy, 393 So.2d 25, 27 (Fla. 3d DCA), rev. denied, 402 So.2d 611 (1981).

¶4Affirmed in part and reversed in part,

LEHAN, A.C.J., and HALL and PARKER, JJ., concur.
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