Eglin Federal Credit Union v. Curfman, NN-200
| Decision Date | 14 August 1980 |
| Docket Number | No. NN-200,NN-200 |
| Citation | 386 So.2d 860 |
| Parties | 30 UCC Rep.Serv. 758 EGLIN FEDERAL CREDIT UNION, a federal credit union, Appellant, v. Joseph E. CURFMAN, Appellee. |
| Court | Florida District Court of Appeals |
Michael Jones of Selby, Chesser, Wingard & Barr, Fort Walton Beach, for appellant.
Michael W. Mead of Middleton & Mead, Fort Walton Beach, for appellee.
Eglin Federal Credit Union appeals from a final judgment for punitive damages awarded to appellee, Joseph E. Curfman, after a jury trial. The evidence was sufficient to present a jury issue as to appellant's liability for wrongful conversion of Curfman's automobile, and its liability for punitive damages.
The conversion occurred when appellant, which had financed Curfman's purchase of an automobile, obtained possession of Curfman's automobile without his knowledge and sold it, even though appellant's agent not only knew that Curfman's automobile had not been stolen, as Curfman had erroneously assumed and previously reported, 1 but knew that Curfman was not in default in his payments on the car. See Buie v. Barnett First National Bank of Jacksonville, 266 So.2d 657 (Fla. 1972). Appellant's contentions that its repossession was authorized by virtue of contractual provisions in the financing agreement relating to loss or theft of the collateral, insecurity of the creditor, or insurance coverage on the vehicle, were matters for resolution by the jury on conflicting evidence, as was the issue of good faith on the part of appellant throughout the transaction. Uniform Commercial Code, Sections 671.203, 671.208, Florida Statutes.
Appellant contends that the failure of the jury to assess any monetary sum for compensatory damages precludes the award of punitive damages. We disagree. The special verdict form returned by the jury contained its express finding that "Eglin Federal Credit Union committed conversion of Joseph E. Curfman's property." We are of the opinion that this finding satisfies the requirements of Lassiter v. International Union of Operating Engineers, 349 So.2d 622 (Fla. 1977), which held that "the establishment of liability for a breach of duty will support an otherwise valid punitive damage award even in the absence of financial loss for which compensatory damages would be appropriate." (Id. at 626) 2
The judgment is AFFIRMED.
1 A mix-up involving the whereabouts of the car occurred somewhat as follows: Curfman purchased the car and drove with Clarence Hoffman to Tampa on a business trip. In Tampa, Hoffman was permitted to use the car while Curfman visited around. On the last day of the visit, through an apparent...
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...Hauser Motor Co. v. Byrd, 377 So.2d 773, 775 (Fla.Dist.Ct.App.1979). We are now not certain. In Eglin Federal Credit Union v. Curfman, 386 So.2d 860, 862 (Fla.Dist.Ct.App.1980), the district court of appeals held that the jury's failure to assess compensatory damages did not preclude award ......
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...655 P.2d 1125 (Utah 1982); his knowledge of facts that contradict the negative information acquired, e.g., Eglin Federal Credit Union v. Curfman, 386 So.2d 860 (Fla.App.1980); the nature and value of the collateral, e.g.,Jack M. Finley, Inc. v. Longview Bank & Trust, 705 S.W.2d 206 (Tex.App......
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...see, e.g., Nales v. State Farm Mutual Automobile Insurance Company, 398 So.2d 455 (Fla.2d DCA 1981); Eglin Federal Credit Union v. Curfman, 386 So.2d 860 (Fla.1st DCA 1980); others have insisted that Lassiter did not obviate the need for at least a nominal damage award, see, e.g., Tennant v......
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Regions Bank v. Thomas
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