Olen Properties Corp. v. Rebecca Cancel

District Court of Appeal of Florida

Olen Properties Corp. v. Rebecca Cancel

178 So. 3d 437, 2015 Fla. App. LEXIS 14923, 2015 WL 5836043

District Court of Appeal of Florida·Decided October 7, 2015·No. 4D14-1180·Published·Cited by 3 cases

Opinion

PER CURIAM.

In this sex discrimination and retaliation case, we reverse the $700,000 award of non-economic damages as excessive. See City of Hollywood v. Hogan, 986 So.2d 634 (Fla. 4th DCA 2008); see also § 768.74(5), Fla. Stat. (2013). We remand for the trial court to determine a remittitur amount, or to order a new trial on non-economic damages if the party adversely affected by the remittitur does not agree to the remitted amount. See § 768.74(4), Fla. Stat. (2013).

We affirm on all other issues raised in this appeal.

Affirmed in part, Reversed in part, and Remanded for further proceedings.

GROSS and TAYLOR, JJ, and SHEPHERD, CAROLINE, Associate Judge, concur.

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PER CURIAM.

In this sex discrimination and retaliation case, we reverse the $700,000 award of non-economic damages as excessive. See City of Hollywood v. Hogan, 986 So.2d 634 (Fla. 4th DCA 2008); see also § 768.74(5), Fla. Stat. (2013). We remand for the trial court to determine a remittitur amount, or to order a new trial on non-economic damages if the party adversely affected by the remittitur does not agree to the remitted amount. See § 768.74(4), Fla. Stat. (2013).

We affirm on all other issues raised in this appeal.

Affirmed in part, Reversed in part, and Remanded for further proceedings.

GROSS and TAYLOR, JJ, and SHEPHERD, CAROLINE, Associate Judge, concur.

Olen Properties Corp. v. Rebecca Cancel, 178 So. 3d 437, 2015 Fla. App. LEXIS 14923, 2015 WL 5836043 (Fla. Ct. App. 2015).

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