Buonopane v. Fritz, 84-933
| Decision Date | 25 September 1985 |
| Docket Number | No. 84-933,84-933 |
| Citation | 10 Fla. L. Weekly 1346,477 So.2d 1030 |
| Parties | 10 Fla. L. Weekly 1346, 10 Fla. L. Weekly 2225 Edward J. BUONOPANE, M.D., Appellant, v. Russell C. FRITZ, Appellee. |
| Court | Florida District Court of Appeals |
We grant the motion for rehearing, vacate the prior opinion in this cause, and substitute the following:
In this civil case, the jury brought in a zero verdict in favor of the plaintiff on the question of compensatory damages. Paradoxically, in a separate verdict form, they assessed punitive damages in the amount of $3,000.
The law in Florida is clear that one cannot recover for punitive damages if no compensatory damages are awarded. Lassitter v. International Union of Operating Engineers, 349 So.2d 622 (Fla.1977) and Raffa v. Dania Bank, 372 So.2d 1173 (Fla. 4th DCA 1979).
Accordingly, we reverse and direct a judgment in favor of the appellant. However, this court cannot remand the action for a new trial on the issue of damages since the absence by the appellee of a cross appeal from the order denying the appellee's new trial motion constituted a waiver of such a request. Raffa.
REVERSED AND REMANDED.
To continue reading
Request your trial
-
Tucker v. Marcus
...is a fundamental principle of law that punitive damages may not be awarded absent an award of actual damages"); Buonopane v. Fritz, 477 So.2d 1030, 1030 (Fla.Dist.Ct.App.1985) ("The law in Florida is clear that one cannot recover for punitive damages if no compensatory damages are awarded")......
-
Morgan Stanley & Co. v. Coleman Holdings
...of the fact (if not the amount) of some damage. Effectually the majority has resurrected this court's holding in Buonopane v. Fritz, 477 So.2d 1030 (Fla. 4th DCA 1985) ("The law in Florida is clear that one cannot recover for punitive damages if no compensatory damages are awarded."). But t......
-
Gregg v. U.S. Industries, Inc., s. 88-3056
...of compensatory damages, we agree with the trial court that a basis for punitive damages on this claim exists. See Buonopane v. Fritz, 477 So.2d 1030 (Fla. 4th DCA 1985) (a party may recover punitive damages if compensatory damages are awarded); Hauser v. Van Zile, 269 So.2d 396, 399 (Fla. ......
-
Ault v. Lohr
...and punitive damages of $25,000 is within this prohibition." 372 So.2d at 1174 (citations omitted). Further, in Buonopane v. Fritz, 477 So.2d 1030 (Fla. 4th DCA 1985), the jury rendered a verdict in favor of the plaintiff, assessed no compensatory damages, yet awarded the plaintiff $3,000 i......