Opinion
No. 80-86.
October 21, 1981. Rehearing Denied February 22, 1982.
Appeal from the Circuit Court, Volusia County, R. Michael Hutcheson, J.
R.L. Russell, of Van Den Berg, Gay Burke, P.A., Orlando, for appellants.
Daniel J. Roberson, of Roberson Roberson, Deland, for appellee.
Heintzelman's Truck Center, Inc. (Heintzelman's) and Kaatz appeal from a final judgment awarding damages to appellee, Gibson. Gibson sued appellants for the conversion of a truck he purchased from Heintzelman's. The trial judge directed a verdict in favor of Gibson on the issue of liability and awarded Gibson compensatory damages against Heintzelman's and Kaatz (jointly and severally) of nineteen thousand one hundred eighty-one dollars fifty cents ($19,181.50). The jury awarded Gibson nineteen thousand dollars ($19,000) in punitive damages against Heintzelman's.
After a careful review of the record we find no reversible error occurred with regard to the compensatory damage award. Accordingly, it is affirmed. However, the punitive damage award against Heintzelman's is not sustainable under the dictates of Mercury Motors Express, Inc. v. Smith, 393 So.2d 545 (Fla. 1981). It is therefore reversed.
AFFIRMED IN PART; REVERSED IN PART.
ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.