Summary
finding that North American prevailed on the “significant issues” in the appeal when it successfully obtained reversal of the $13,000,000 punitive damages award even though the $1,300,000 compensatory award was affirmed
Summary of this case from Perez v. FayOpinion
No. 92-1842.
September 20, 1995. Rehearing, Rehearing En Banc and Certification Denied December 1, 1995.
Appeal from the Circuit Court, Palm Beach County, Edward H. Fine, J.
Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, and Mark E. Haddad of Sidley Austin, Washington, DC, for appellant.
Edna L. Caruso of Caruso, Burlington, Bohn Compiani, P.A., and Jack Scarola of Searcy, Denney, Scarola, Barnhart Shipley, P.A., West Palm Beach, for appellee-Ferguson Transportation, Inc.
ON MOTION FOR REVIEW OF ORDER DENYING MOTION TO TAX APPELLATE COSTS
Appellant, North American Van Lines, Inc., appealed from an adverse judgment after a jury verdict in the amount of $1,300,000 in compensatory damages and $13,000,000 in punitive damages. This court, in a prior opinion, affirmed the compensatory damages and reversed the punitive damages. The appellant's subsequent motion to tax appellate costs was denied. We reverse.
North Am. Van Lines, Inc. v. Ferguson Transp., Inc., 639 So.2d 32 (Fla. 4th DCA 1994).
It would seem clear at first glance that the appellant is the "prevailing party" under Florida Rule of Appellate Procedure 9.400(a). Its liability was reduced from $14,300,000 to $1,300,000. The confusion stems from Moritz v. Hoyt, 604 So.2d 807, 810 (Fla. 1992), which states that the prevailing party is the one which "has in fact prevailed on the significant issues tried before court." In the present case, the trial court seems to have focused on the fact that appellee prevailed at the trial level by obtaining its compensatory damages. But at stake are the appellate costs and in our view the appellant prevailed on the significant issues litigated on appeal. In reaching this conclusion, we are not taking a strictly numerical approach, but we also cannot totally ignore them.
In Overseas Equipment Co. v. Aceros Arquitectonicos, 376 So.2d 475 (Fla. 3d DCA 1979), the court reached the same conclusion when it reversed $50,000 in punitive damages and affirmed $20,000 in compensatory damages. We do not think that Moritz modifies this precedent.
REVERSED AND REMANDED.
GUNTHER, C.J., and STONE, J., concur.