Lane v. C. Ward Motors, Inc.

District Court of Appeal of Florida

Lane v. C. Ward Motors, Inc.

273 So. 2d 424, 1973 Fla. App. LEXIS 7290

CourtDistrict Court of Appeal of Florida

DecidedFebruary 26, 1973

DocketNo. 72-352

StatusPublished

This text of 273 So. 2d 424 (Lane v. C. Ward Motors, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lane v. C. Ward Motors, Inc., 273 So. 2d 424, 1973 Fla. App. LEXIS 7290 (Fla. Ct. App. 1973).

Pincite

Opinion

PER CURIAM.

On the basis of our review of the briefs, record on appeal and oral argument we are of the opinion that insofar as the award of punitive damages is concerned a genuine issue of material fact exists with respect to whether defendant’s alleged trespass upon plaintiff’s property was wilful, and “with oppression, force and malice”. Humphrys v. Jarrell, Fla.App.1958, 104 So.2d 404; Nance v. Ball, Fla.App.1961, 134 So.2d 35; Firestone v. Time, Inc., Fla.App.1970, 231 So.2d 862.

Accordingly, the order granting partial summary judgment and the final judgment of dismissal and transfer are reversed and the cause remanded to the trial court for further proceedings not inconsistent herewith.

Reversed and remanded.

REED, C. J., and CROSS and MAGER, JJ., concur.

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