City of Miami v. Breslin

Full title: THE CITY OF MIAMI, A MUNICIPAL CORPORATION, APPELLANT, v. MARION G…

Court: District Court of Appeal of Florida, Third District

Date published: Feb 26, 1965

172 So. 2d 274 (Fla. Dist. Ct. App. 1965)

Opinion

No. 63-811.

February 26, 1965.

Appeal from Circuit Court, Dade County; James W. Kehoe, Judge.

John R. Barrett, City Atty., and John S. Lloyd, Asst. City Atty., for appellant.

Frates, Fay Floyd and Larry S. Stewart, Miami, for appellee.

Before TILLMAN PEARSON, HORTON and HENDRY, JJ.

PER CURIAM.

Defendant appeals from a final judgment of the circuit court entered pursuant to a jury verdict of $3,500 compensatory damages and $11,500 punitive damages.

Inasmuch as the defendant was a municipality, upon the authority of Fisher v. City of Miami, Fla.App. 1964, 160 So.2d 57, the award of punitive damages was improper and we must reverse that portion of the judgment.

We find no error in regard to the remainder of the judgment appealed and affirm.

Accordingly the judgment appealed is affirmed in part and reversed in part.

Affirmed in part, reversed in part.